Erb's Palsy

Erb's Palsy Lawyers


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If your newborn baby was diagnosed with Erb’s palsy, there is a good chance it was the result of negligence by medical professionals during the birthing process. You may be able to file a lawsuit to obtain compensation for surgery, physical therapy, doctor’s visits and other expenses.

Schedule your free, no-obligation legal consultation with our Erb’s palsy lawyers to find out if you have a valid claim. Our law firm has a long track record of obtaining fair, sometimes record-breaking, compensation for victims of malpractice. We take cases from across the country, charging no fees unless your case has a favorable result, such as a fair settlement or favorable jury verdict.

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Find out today if you are eligible for compensation.

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Causes and Symptoms of Erb’s Palsy

Erb’s palsy is one type of injury to the brachial plexus, a network of nerves in both shoulders controlling movements in the shoulders, elbows, hands, and wrists.

Erb’s palsy is often caused by one injury, or a combination of injuries, to the top part of the brachial plexus, including:

  • Neurapraxia, which occurs when a nerve is strained or stretched but does not tear. These injuries often heal by themselves within three months.
  • Neuroma, which happens when nerve fibers are damaged. A full recovery from this injury is often impossible.
  • Ruptures, which occur when the nerves are torn, and they always require surgery to heal.
  • Avulsions, which happen when the nerve is ripped away from the spinal cord and cannot be reattached. The only way to restore partial function is to graft a nerve from another muscle in the body.

Erb’s palsy often causes these symptoms:

  • Weakness in the arm or shoulder
  • Full or partial paralysis in the affected arm
  • Loss of feeling in the arm
  • Weak grip

If you notice any of these symptoms, see your doctor for a physical evaluation to determine if your baby has Erb’s palsy.

If your baby is diagnosed with Erb’s palsy, your first priority is to determine treatment options. Your next priority is to call our Erb’s palsy lawyers to find out if you have a legal claim. We may be able to obtain compensation to help cover the cost of your baby’s treatment.

Erb’s Palsy Risk Factors

Babies are more likely to suffer Erb’s palsy or another brachial plexus birth injury during a difficult birth, which can be caused by:

  • Shoulder dystocia (when the baby’s shoulder gets stuck behind the mother’s pubic bone)
  • The mother having a small pelvis or body frame
  • A large infant
  • Pronounced weight gain by the mother
  • Breech births, where babies are delivered feet first

Difficult births increase the chances doctors and other medical professionals will apply too much pressure when pulling the baby out and stretch or tear the nerves in the brachial plexus.

However, medical professionals need to recognize when a birth will be difficult and take appropriate steps to ensure the safety of the baby and the mother. That could include making the decision to perform a Cesarean section, rather than going through the normal birthing process.

When medical professionals cause birth injuries through their reckless or intentional actions, they could be held liable for medical malpractice. In these situations, you may be able to file a legal claim and obtain compensation to cover the cost of treating your baby’s injury and other damages.

Types of Compensation for an Erb’s Palsy Claim

Erb’s palsy could heal within a year with appropriate treatment. Unfortunately, it could also partially heal or never heal at all, leaving your child with a permanent disability.

Either way, your child will need medical care that could be very expensive. If your injury was caused by medical malpractice, an Erb’s palsy lawyer may be able to obtain compensation to cover treatment costs, including:

  • Physical therapy
  • Rehabilitation
  • Doctor’s appointments
  • Medical equipment
  • Current and future surgeries
  • Diagnostic tests

You might also be entitled to compensation for pain and suffering and loss of future earnings.

Why Choose Janet, Janet & Suggs?

Birth injuries like Erb’s Palsy can cause a variety of health problems and disabilities that can impact a child for a lifetime. Because the trauma of a difficult birth affects each baby differently, the right treatment for each infant is completely unique. Helping a newborn recover from Erb’s Palsy can involve visits with numerous specialists, various diagnostic tests, years of physical therapy, and a lifetime of follow-up care. The costs of treating a child’s birth injuries can be debilitating for a family.

To provide the best possible outcome for your child’s future, partnering with the right attorney is a must. That’s why you need the help of a birth injury lawyer with a proven track record of success—one that focuses on advocating for birth injury victims.

Our birth injury lawyers have represented families whose children have suffered from birth injury for 40 years. With decades of combined medical and legal experience, our team has achieved historic wins throughout the country. We’ve reached record-breaking verdicts in many states, and we’ve recovered hundreds of millions in settlements for our birth injury clients.

Our birth injury legal team is led by board-certified OBGYN and attorney Giles Manley, MD, whose 20 years of experience delivering newborns makes him an expert advocate for families who have been harmed by birth injury. And our very own Howard Janet broke the record, twice, for the largest birth injury award handed down by a jury in Minnesota.

Our track record of aggressive representation is what makes our firm nationally recognized. But to us, it’s about more than just successful settlements. We’ve had years of up-close experience supporting families in distress. We understand the emotional hardships a family faces—as well as the financial stress of a lifetime of medical expenses—and we are a trusted and sensitive advocate during an incredibly difficult time.

Here at JJS, we’ve dedicated our lives to protecting the rights of injured babies and their families. Your child deserves the best future possible, and we do everything in our power to make that happen.

Schedule a Free Consultation with Our Erb’s Palsy Lawyers

Medical professionals have a legal obligation to perform within accepted standards of the medical community. This is particularly important during the birthing process, because reckless actions can cause a newborn to suffer long-term or permanent disabilities, such as Erb’s palsy.

If your baby suffered Erb’s palsy due to medical malpractice, we can fight for the justice your baby and your family deserve. We work on a contingency fee basis, so we do not obtain compensation unless your case has a favorable outcome.

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