Erb’s Palsy Settlements

If your child suffered a brachial plexus birth injury, you may be able to pursue an Erb’s palsy settlement to help pay for their care. The average settlement for birth injuries like Erb’s palsy is nearly $1 Million. 

For over 40 years, Sokolove Law has fought for families affected by birth injuries, securing over $862 Million nationwide. Call (800) 995-1212 now to find out if you may be eligible for Erb’s palsy settlements.

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Erb’s Palsy Lawsuit Settlements for Your Child

Erb’s palsy lawsuit settlements are awarded to families with children who were injured before, during, or after delivery. Sadly, health care providers often play a role in causing these injuries.

When excessive force is used to free the baby from the birthing canal, the brachial plexus nerves around the shoulders can be stretched or torn, causing Erb's palsy. In these cases, Erb's palsy compensation may be available.

Quick Facts About Erb’s Palsy Settlements

  • Nearly $1 Million average for birth malpractice settlements like Erb’s palsy
  • $0 in hourly fees or out-of-pocket costs to work with Sokolove Law
  • More than $862 Million secured for families affected by birth injuries nationwide

Erb’s palsy settlements can help you provide your child with the best possible care and prevent other children from possibly being harmed in the future.

For over 40 years, Sokolove Law has been committed to helping families secure Erb’s palsy settlements for children injured during delivery. Let us get your family the money you deserve.

Get the Help Your Child Deserves

If you have a case, our birth injury lawyers can fight for the compensation your family deserves.

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Our Past Erb’s Palsy Lawsuit Settlement Amounts

As of February 2024, Sokolove Law has secured over $862 Million for families across the country who have been impacted by birth injuries like Erb’s palsy.

Our past Erb’s palsy lawsuit settlement amounts and verdicts include:

  • $5 Million for a Connecticut family
  • $4.5 Million to a family in Illinois
  • $2.75 Million to a Pennsylvania family
  • $2 Million for a family in North Carolina
  • $1.99 Million to a New York family
  • $1.8 Million for a family in Texas
  • $1.62 Million to a Connecticut family
  • $1.57 Million to a family in Maryland
  • $1.25 Million for a family in Illinois
  • $1.2 Million for a family in Florida
  • $1.17 Million for a New Jersey family

While there is never a guarantee of compensation, our Erb’s palsy lawyers will fight hard to get you the most compensation possible in your case.

Call (800) 995-1212 now to find out if your family may qualify for an Erb’s palsy lawsuit settlement. It costs nothing to speak with us.

“When my baby had a birth injury, it was really hard for our family. Sokolove Law helped us fight for justice and get the money we needed to give our child special care and treatments. I can’t thank them enough."
– Mother in Massachusetts & Firm Client

Who Qualifies for Erb’s Palsy Compensation?

You may qualify for Erb’s palsy compensation if:

  • Your child developed Erb’s palsy from a birth injury
  • The injury was caused by medical malpractice or negligence

Even if your child has not officially been diagnosed with Erb’s palsy, we may still be able to help you pursue Erb’s palsy compensation.

Find out if you may be eligible for Erb’s palsy compensation now during a free case review.

Understanding Erb's Palsy Video Thumbnail
Video Summary: Erb's palsy is a birth injury often caused by medical malpractice. Sokolove Law may be able to help you seek justice for your child.

Erb's palsy, it's generally when one of the arms during birth is not in the proper position. It causes damage to the nerves going into that arm. As a child's birth injury lawyer, we're here to help families who believe at Birth something occurred that shouldn't have that has left their child with an injury. It could also be at any time during the pregnancy that there's been a deviation from the standard of medical care that's acceptable. We work with families to determine what happened. We work closely with our experts who form opinions on that and then we present that evidence to whoever the defendants are in the case, which could be any doctor that provided care. Once we've determined who all those folks are and we've determined, you know, which defendants we want to bring a case against, we will then present the evidence. if you believe your child suffered from a birth injury, don't lose out on the opportunity to bring a claim. Contact Sokolove Law today at 800-647-3434.

Medical Malpractice & Erb’s Palsy

Medical professionals are expected to provide a certain level of care when working with patients. If this standard of care is not met, injuries that lead to Erb’s palsy may occur. In many cases, medical malpractice or negligence may be to blame.

Erb’s palsy can be caused by malpractice if a health care provider:

  • Causes an injury by using forceps or vacuum extractors incorrectly
  • Fails to order a C-section when necessary
  • Uses excessive force to pull the baby from the birth canal

Sokolove Law has registered nurses on staff who can listen to your story and help you understand what may have happened.

If you believe medical malpractice caused your child’s condition, our nurses can help you determine if a health care professional may be to blame.

Kristin Proctor, Registered Nurse with Sokolove Law

“Anyone who's had a child with a birth-related injury, I talk to them about what happened during their pregnancy, the delivery, and how the child's doing to see if it's something we can assist with.”
– Kristin Proctor, Registered Nurse with Sokolove Law

How to Pursue Erb’s Palsy Settlements

At Sokolove Law, we strive to make pursuing Erb’s palsy settlements as stress-free as possible. Our experienced attorneys can handle every step of the legal process for you, so you can focus on spending time with your child.

Steps to pursuing an Erb’s palsy settlement include:

  • Contacting Sokolove Law for a free case review to determine your eligibility for Erb’s palsy compensation
  • Gathering evidence like medical records and witness testimony to build a strong case that links your child’s condition to medical malpractice or negligence
  • Filing the malpractice claim on your behalf before any state deadlines
  • Negotiating Erb’s palsy lawsuit settlements with the doctor or hospital responsible for your child’s injury
  • Pursuing a verdict from a judge and jury in court if an Erb’s palsy lawsuit settlement isn’t reached

Our Erb’s palsy lawyers are dedicated to securing meaningful results for families affected by birth injury malpractice. We’ll fight hard for the justice your family deserves.

Erb’s Palsy Settlement Deadlines

Known as the statute of limitations, Erb’s palsy settlement deadlines vary from state to state and dictate how long you have to pursue compensation.

Once the deadline passes, you won’t be able to seek a settlement for your child’s injury again.

It’s important to contact our team as soon as possible, so you don’t miss your chance to secure an Erb’s palsy settlement for your child.

7 Key Factors for Erb’s Palsy Lawsuit Settlement Amounts

Erb’s palsy lawsuit settlement amounts vary from family to family, based on the unique details of each case. Our Erb’s palsy attorneys will consider each of these key factors when fighting for compensation on your behalf.

1. The Severity of the Injury

Erb’s palsy is caused by a brachial plexus injury, which could result in numbness, pain, weakness, or paralysis in a child’s arm. The severity of your child’s injury may influence the compensation amount you may receive.

Although many children with brachial plexus injuries make a near full recovery, more severe injuries that require a lifetime of care may result in a higher Erb’s palsy settlement.

2. The Role Malpractice or Negligence Played

In some cases, it might not be a single error but rather a series of events that caused your child’s injury.

For example, during a difficult delivery, a doctor may:

  • Fail to order a C-section for an above-average-sized baby
  • Use excessive force when attempting to pull the baby from the birth canal
  • Injure nerves in the baby’s neck by using forceps or a vacuum extractor improperly

The level of malpractice or negligence that led to your child’s injury may also help determine an Erb’s palsy settlement amount from a hospital or medical professional.

3. Current & Future Medical Expenses

An Erb’s palsy lawsuit settlement will take the costs of your child’s current and future care needs into account.

Some of the expenses linked to Erb’s palsy may include:

  • Adaptive equipment
  • Counseling
  • Home modifications
  • Medical bills
  • Therapies

Your legal team will analyze the estimated lifetime cost of your child's care when negotiating an Erb’s palsy settlement, so they can receive the care they need.

4. Lost Wages from Missed Work

Children with birth injuries often require significant and personalized care. For many families, this means at least one parent may have to take time off work to care for their child.

Any lost wages from missed work will be taken into account when determining your potential Erb’s palsy settlement amount.

Similarly, if your child isn’t able to work in the future due to their injury, their lost earning capacity may also be factored into your Erb’s palsy settlement amount.

5. The State You Live In

Certain states have laws that limit the amount of compensation you may be able to receive from an Erb’s palsy settlement.

Some states may place a cap on:

  • Economic damages or financial costs associated with your child’s injury
  • Non-economic damages for issues like emotional distress caused by your child’s injury that can’t be calculated

Whatever the laws may be in your state, our Erb’s palsy lawyers will fight for the maximum amount of compensation possible on your behalf.

6. How Strong the Evidence Is

To secure an Erb’s palsy settlement, your legal team must be able to gather evidence showing your child’s injury may have been caused by malpractice or negligence.

Our Erb’s palsy attorneys, investigators, and on-staff nurses have decades of experience building strong cases and securing meaningful results for families affected by malpractice at birth.

7. If You Receive a Settlement or Verdict

Most birth injury malpractice cases result in a settlement without a trial. That said, if an Erb’s palsy settlement isn’t reached, your attorneys may still be able to secure a verdict in court.

Erb’s palsy compensation can be awarded in one of two ways:

  • Erb’s palsy settlements: Negotiated by your legal team with the defendant(s), settlements can provide families with compensation faster — often without you ever having to step foot in court.
  • Erb’s palsy verdict: Determined by a judge or jury, verdicts may result in a higher payout, but trials can take years and are considered riskier, since there’s no guarantee of compensation.

In any case, our team is prepared to fight on your behalf. We’ll fight hard to get you everything you’re entitled to.

Millions Recovered Nationwide

At Sokolove Law, we’ve secured over $862 Million for children with birth injuries across the country. Let us get you the money you deserve.

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Sokolove Law: Maximizing Erb’s Palsy Settlement Amounts

At Sokolove Law, our birth injury lawyers are dedicated to maximizing Erb’s palsy settlement amounts as much as possible for affected families nationwide.

Since 1979, we’ve fought on behalf of children harmed by preventable birth injuries. We have the resources and experience necessary to hold negligent health care professionals accountable.

We’ve recovered over $862 Million for families impacted by birth injuries like Erb’s palsy.

Get the justice your child deserves. Call (800) 995-1212 right now or start a free case review to find out if you may qualify for Erb’s palsy settlements.

Erb’s Palsy Lawsuit Settlement FAQs

What is Erb's palsy compensation?

Erb’s palsy compensation is money from a birth injury lawsuit for families with a child who has Erb’s palsy as a result of medical malpractice or negligence.

You may be able to pursue Erb’s palsy compensation by filing a lawsuit against the health care professional or hospital responsible for your child’s injury.

Find out if you may be eligible for Erb’s palsy compensation now for free.

How much is the settlement for Erb's palsy?

Settlements for Erb’s palsy will vary based on the unique details of each case, but the average birth injury malpractice settlement is around $1 Million.

Past Erb’s palsy settlement amounts and verdicts secured by our birth injury law firm include: 

  • $2.85 Million for a child in Connecticut
  • $1.58 Million for a family in New York
  • $1.5 Million for a Pennsylvania family
  • $1.22 Million for a South Carolina family
  • $1 Million for a California family

Although there’s never a guarantee of success, we’ll fight hard to get you everything you’re entitled to.

Call (800) 995-1212 now to see if we can help your family. It costs nothing to speak with us.

Why can you sue for Erb's palsy?

Erb’s palsy is often the result of a medical error shortly before, during, or after delivery that injures the brachial plexus — which can be medical malpractice or negligence.

In some cases, doctors may pull on a baby’s head too hard when attempting to free them from the birth canal, which can damage the brachial plexus, limiting movement in the baby's arm or hands.

If a health care professional’s actions contributed to your child’s injury, you may be able to sue the hospital or doctor responsible and secure Erb’s palsy compensation.

Does it cost anything to pursue Erb’s palsy compensation?

At Sokolove Law, there are no hourly fees or out-of-pocket costs to pursue Erb’s palsy compensation.

There’s no financial risk to pursuing an Erb’s palsy settlement since we only get paid if we successfully secure compensation for your family.

How long do I have to pursue Erb’s palsy lawsuit settlements?

You only have a limited amount of time to pursue an Erb’s palsy lawsuit settlement due to state laws called statutes of limitations.

These laws vary from state to state, but once the deadline passes, you won’t be able to pursue an Erb’s palsy settlement again.

Don’t miss out on the compensation you deserve. Contact our team now to find out if you may qualify for an Erb’s palsy settlement before it’s too late.

Author:
Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: February 1, 2024

  1. The Doctors Company. “​​Study of Malpractice Claims Involving Children.” Retrieved from: https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/. Accessed on January 12, 2024.