Philadelphia Erb’s Palsy Injury Lawyer

Research published by the National Library of Medicine suggests that the rate of birth injury in the United States may be as high as 37 birth traumas per every 1,000 births. Erb’s palsy is a birth injury that can lead to permanent harm and disability in newborns.

Many birth injuries are the result of medical provider or hospital malpractice. If your child has been diagnosed with Erb’s palsy and you believe their condition was caused by medical malpractice, do not hesitate to reach out for help.

The relentless medical malpractice lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. have recovered hundreds of millions of dollars in rightful compensation for families throughout Philadelphia and the surrounding area. Some of our most notable birth injury verdicts include:

  • $8.9 million in compensation for an infant who sustained permanent brain damage due to negligent fetal heart rate monitoring during labor
  • $4.5 million on behalf of a newborn who suffered serious injury as a result of uterine rupture from a negligently delayed Caesarean section

To learn more about your situation and whether legal action may be the right choice for your family, call or contact our experienced medical malpractice attorneys now.

What Is Erb’s Palsy?

The term “palsy” refers to a full or partial paralysis that may come in many different forms, including Erb’s palsy and the closely related Klumpke paralysis. These two types of palsy typically result from trauma to the brachial plexus, which is a segment of the nervous system that begins in the upper spinal cord near the neck and extends through a person’s arms. Significant damage to the brachial plexus may result in paralysis of the hands, wrists, elbows, or shoulders, depending on the nature and severity of the injury.

The main difference between Erb’s palsy and Klumpke paralysis involves the location of trauma to the brachial plexus. When the damage is to the lower brachial plexus, muscles in the hand, wrist, fingers, and forearm may be damaged. This is collectively known as Klumpke paralysis. However, if the upper brachial plexus sustains trauma, Erb’s palsy may result. Erb’s palsy is characterized by full or partial paralysis of the forearm or parts of the upper arm.

Both forms of palsy can vary in severity and may even be temporary. However, any suffering of children as a result of medical negligence is tragic and unacceptable.

What Causes Erb’s Palsy?

The nerves of the brachial plexus are delicate, particularly among still-developing newborns. Any delivery-related trauma to this area may cause stretching or tearing that results in birth injuries like Erb’s palsy. A diagnosis of Erb’s palsy is often linked to complications with childbirth and labor, especially those that stretch an infant’s neck to one side or compress their shoulders during difficult deliveries. Some of the most common risk factors associated with Erb’s palsy among infants include:

  • Breech births, in which babies are born feet first rather than head-first
  • Maternal gestational diabetes, which can raise a mother’s blood sugar and increase their infant’s prenatal size, leading to more difficult deliveries
  • Any instance of macrosomia or cephalopelvic disproportion, which describe babies who are larger than average or too large to fit through a mother’s pelvis
  • Improper delivery procedures by negligent medical professionals who extract babies too quickly or forcibly from the birth canal
  • The use of birth tools, such as forceps or vacuum extractors, during labor
  • First-time births, premature delivery, or abnormally long labor periods

Pursuing Compensation for a Birth Injury

In most cases, Erb’s palsy can be prevented by proper prenatal healthcare for mothers and advanced planning, especially for larger-than-average or incorrectly positioned babies. If doctors, nurses, or midwives neglect to provide adequate care of this kind, engage in improper use of birthing tools, or use improper birthing techniques, they may be found responsible for medical malpractice.

If you suspect that your child sustained brachial plexus injuries and developed Erb’s palsy as a result of medical malpractice, an experienced birth injury lawyer can help you pursue financial compensation for:

  • Medical expenses related to immediate treatment of injuries
  • Future costs of anticipated medical treatments and services, such as physical rehabilitation, psychological therapy, home accessibility modifications, and full- or part-time caregiving
  • Loss of quality or enjoyment of life for infants disabled by Erb’s palsy
  • Non-physical losses related to pain, suffering, and mental or emotional anguish

Pennsylvania imposes a two-year time limit on your ability to file medical malpractice lawsuits in court, so it’s best to act quickly if you believe you have a viable Erb’s palsy claim. Courts typically dismiss cases that are filed after the statute of limitations has expired.

What Will a Lawyer Do for Us?

The skilled and compassionate birth injury lawyers of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. can review your case and explain your legal options during a free, confidential case review. We have the experience and the resources needed to thoroughly investigate your child’s birth injury, gather critical supporting evidence, and hold any negligent medical providers responsible. We will not rest until you have the answers you need and the maximum, rightful compensation you deserve.

We charge no legal fees unless and until we recover compensation for you, so there is no risk to you calling us and learning more about your legal options. Learn more about how we can help your family by calling our attentive staff or contacting us online for your free, no-obligation consultation.