Chicago Erb’s Palsy Lawyer
Named for its original documenter, Dr. Wilhelm Erb, Erb’s palsy is a condition caused by damage to a baby’s upper brachial plexus nerves during delivery, leading to partial or full paralysis of the arm. In severe cases, the upper and lower nerves are both damaged, leading to a worse condition known as global brachial plexus birth palsy.
- How can an Erb’s palsy lawyer help me?
- Can I receive compensation for my child’s Erb’s palsy?
- How do I start the process of compensation?
- Who’s liable for Erb’s palsy injuries?
- What causes Erb’s palsy?
- What are the signs and symptoms of Erb’s palsy?
- How do practitioners diagnose Erb’s palsy?
- Is Erb’s palsy curable?
How can an Erb’s palsy lawyer help me?
An Erb’s palsy lawyer at Levin & Perconti can help you understand if your child’s injury was the result of medical malpractice. If it was, they can help you decide what legal action to take and guide you through the legal process. Our team will gather the evidence needed to prove your case so that you can receive compensation for your child’s medical expenses.
We have successfully litigated many seven-figure cases for our clients..
$1.35 Million
Settlement
for a newborn who suffered severe and permanent brachial plexus injuries during delivery as a result of the defendant’s failure to perform the proper disimpaction techniques. As a result, she suffered from Erb’s Palsy and requires ongoing physical and occupational therapy.
Our Experienced Birth Injury Attorneys
At Levin & Perconti, our birth injury team in Chicago has earned national recognition for its success and client service. Our skilled attorneys have litigated cases throughout the United States and passionately advocate for every family they represent.
Two of the attorneys on Levin & Perconti’s birth injury team, Dov Apfel and Seth Cardeli, have presented at dozens of educational events and written for numerous publications on their work in birth injury law.
We are passionate about holding negligent providers accountable for the harm they cause patients. We regularly testify in the state legislature and before Congress in our ongoing effort to improve the lives of disabled children and their parents.
We have the financial resources to invest every dollar necessary to prosecute your claim. Our adversaries know who we are and that we won’t settle for less than fair compensation. You can count on us to fight for you for as long as it takes to win the compensation you deserve, even if your case goes to trial. We charge no upfront fees, and you only pay if we win.
To determine if you’re eligible to file an Erb’s palsy case, contact our office as soon as possible for a free consultation.
Testimonials
Can I receive compensation for my child’s Erb’s palsy?
Any medical expense stemming from medical staff malpractice or negligence is excessive. These extra costs can place a significant burden on financially struggling families. Courts understand that if your child is suffering and expenses are compounding because of someone else’s actions, the liable party should be held responsible.
After a successful Erb’s palsy case, courts will often award compensation for:
- Medical expenses
- Therapy costs
- Lost wages
- Emotional damages and pain and suffering
The exact amount awarded for each of these will vary greatly from case to case. Each case’s unique circumstances, different laws among jurisdictions, and other variables make it difficult to estimate precise amounts of compensation. However, once you speak to an Erb’s palsy attorney and they understand the details of your case, they may be able to provide you with more information regarding a fair settlement amount for your child’s birth injury and related losses.
How do I start the process of compensation?
If you believe medical malpractice contributed to your child’s Erb’s palsy diagnosis, contact a birth injury lawyer to evaluate your claim. Your lawyer can analyze the situation and determine if you have a case. Because birth injury statute of limitations vary as per state and restrict how long you have to file your claim, you should contact a lawyer as soon as you suspect something might be wrong.
Who’s liable for Erb’s palsy injuries?
If your child’s injury stems from malpractice, the medical team or hospital that caused the damage may be found liable by the courts.
The doctor’s job is to be on the lookout for risk factors that increase the likelihood of shoulder dystocia, inform the parents of the risks, and provide them with the appropriate risks and benefits of the treatment options. The failure to appreciate the risks and disclose them to the patient is not only negligent, but can place the baby at increased risk of brachial plexus injury by failing to have the team adequately prepared to manage a shoulder dystocia.
What causes Erb’s palsy?
Erb’s palsy occurs when the baby’s brachial plexus nerve (the nerve which controls their arm, hand, and fingers) becomes excessively stretched, ruptured, or avulsed during childbirth. Various circumstances and contributing factors before or during birth can increase the risk of Erb’s palsy. However, many times the debilitating condition is the result of medical malpractice at the time of delivery during a shoulder dystocia.
A shoulder dystocia occurs when a baby’s shoulder gets stuck behind the mother’s pelvic bone. It is an obstetrical event that requires immediate intervention by the obstetrical team to safely dislodge the shoulder and safely deliver the baby.
Certain factors may increase the risk of encountering a shoulder dystocia:
- Gestational Diabetes. Diabetes or high blood sugar that develops during pregnancy in mothers not already diagnosed with the condition.
- Cephalopelvic disproportion. The baby is too large for the maternal pelvis.
- Breech delivery. Doctors should be able to notice babies laying “sideways” in the womb early enough to deliver them via c-section. Failure to intervene can lead to Erb’s palsy and more serious injuries like brain damage or oxygen deprivation from a tangled umbilical cord.
- Shoulder dystocia. Pulling a baby’s body to free their shoulder from behind the mother’s pubic bone puts pressure on the child’s neck. This can damage the brachial plexus.
- Injury during forceps delivery or vacuum extraction. Medical practitioners sometimes use tools such as forceps or vacuum extractors to aid with delivery. Incorrect use of these tools can lead to injuries like Erb’s palsy.
- Excessive pulling. Sometimes a doctor will pull excessively on the baby’s arms to remove them from the birth canal. This can put intense pressure on the infant’s body, damaging the brachial plexus nerve.
Other Risk Factors
Certain factors may increase the likelihood of Erb’s palsy. A mother with obesity or a heavier than average baby increases the chance of developing the condition. Other risk factors include:
- Maternal diabetes
- Prolonged labor during the second stage
- Post-term birth
- Advanced maternal age
Also, midpelvic operative vaginal delivery carries a greater risk for birth injuries, including Erb’s palsy, than a Cesarean section.
Statistics on Erb's Palsy
Erb’s palsy can dramatically impact not only someone’s birth and formative years, but also their entire life. According to the American Association of Neuromuscular & Electrodiagnostic Medicine, obstetric brachial plexus injury or Erb’s palsy occurs in between 0.5 and 2.6 full-term live births per 1,000. Of those, 20% to 25% of patients who did not undergo surgical intervention have reported significant impairment in later life. Even so, surgery and physical therapy may not completely treat some cases.
Though this condition has many potential causes, Erb’s palsy can result from medical malpractice during birth. If your child suffers from this condition because of a medical professional’s negligence, you may be entitled to compensation for the expenses you’ve incurred and the undue strain on your child.
What are the signs and symptoms of Erb’s palsy?
Some of the most common symptoms of Erb’s palsy include:
- Lack of movement in the shoulder or arm: This is the most apparent symptom and one of the most common. Erb’s palsy involves damage to the nerves which control the arm. If your baby’s arm is not moving or is moving minimally, it could be due to this nerve damage.
- Weak reflexes in the arm: Even if the damage doesn’t keep the affected arm from moving, Erb’s palsy can still hinder reflexes on that side.
- Lack of feeling in the arm: The brachial plexus nerves also allow the arm to feel things. Damage to these nerves can decrease sensation in the affected arm.
- Abnormal arm position: An infant with damaged brachial plexus nerves will often position its arm differently from one with functioning nerves. The arm position looks like it would be uncomfortable to an infant with working nerves. Most often, the arm bends at the elbow toward the body.
How do practitioners diagnose Erb’s palsy?
If you notice symptoms of Erb’s palsy in your baby, seek a doctor’s opinion. They will likely perform a physical examination and various tests, including:
- An x-ray, ultrasound, or MRI: These imaging tests detect damage to bones and joints that may indicate Erb’s palsy.
- Electromyogram (EMG): This test measures nerve sensitivity to stimuli. A doctor inserts small electrodes into the muscle. These electrodes relay information about nerve response to a monitor, detecting any nerve damage.
- Nerve conduction study (NCS): During this test, electrode patches send an electrical signal to the nerve. These patches measure nerve activity, noting how fast they function.
Is Erb’s palsy curable?
Damage in mild cases might heal with time, provided there is no additional strain on the area. Physical therapy is the primary treatment in many cases. Physical therapists use a combination of massage, sensory stimulation, stretching, and exercise to help your baby gain strength and coordination in the affected areas.
In more severe cases, your doctor may recommend surgical intervention. The most common procedures are:
- Nerve decompression: This operation reduces pressure on the nerve, allowing it to (hopefully) continue healing by itself.
- Nerve graft: During this procedure, doctors take healthy nerves from another part of the body and transfer them to the affected area, allowing the damaged nerve to regrow.
These operations can be long and complex, and doctors will most likely prescribe physical therapy as part of the healing process.
Levin & Perconti Can Help After Your Child’s Erb's Palsy Diagnosis
At Levin & Perconti, our dedicated team of experienced Erb’s Palsy attorneys is committed to fighting for the justice your child and family deserve. We understand the physical, emotional, and financial challenges of an Erb’s Palsy diagnosis, and we’re here to help you navigate the legal process. We don’t back down from holding negligent parties accountable and work tirelessly to secure the compensation you need to support your child’s future.
If you need help with a birth-related injury, we are here to help. Contact us today so that we can get started and discuss your options.
Legally Reviewed by
Dov Apfel
Contact Us
- Free Consultation
- (312) 332-2872
"*" indicates required fields
Related Pages
- Birth Injury Lawyer
- Birth Asphyxia
- Brachial Plexus Injury
- Breech Birth Complications
- Cerebral Palsy
- Erb's Palsy
- Gestational Diabetes Misdiagnosis
- Hypoxic-Ischemic Encephalopathy (HIE)
- Neonatal Seizures
- Oxygen Deprivation
- Preeclampsia Misdiagnosis
- Shoulder Dystocia
- Statute of Limitations by State
- Stillbirth Lawsuit
- Umbilical Cord Compression
- Untimely C-Section
- Vacuum Extraction Injury
Notable Results
SETTLEMENT
for the family of a child who suffered brain injury due to lack of oxygen during her birth
SETTLEMENT
for a child who suffered brain damage causing cerebral palsy as a result of a family practice physician's failure to perform a timely C-section
VERDICT
for a child who died as a result of a doctor’s failure to diagnose the mother with an immune disorder while pregnant
Birth Injury Awards
In 2024, Michael Bonamarte, Seth Cardeli, and Cari Silverman won the Trial Excellence award at the Jury Verdict Reporter reception and awards ceremony for their groundbreaking $40 million verdict on behalf of a client who suffered a birth injury. This is the highest ever reported medical malpractice verdict outside of Cook County, IL at the time of reporting and the highest ever verdict in Coles County.
Our Office
325 N LaSalle Dr Suite 300
Chicago, IL 60654
312-332-2872
