What is an Erb’s Palsy Birth Injury Lawsuit?
An Erb’s palsy birth injury lawsuit is a legal claim filed by parents or guardians when a child suffers a brachial plexus injury during delivery due to medical negligence. This type of birth injury affects the network of nerves that control movement and sensation in the shoulder, arm, and hand. When healthcare providers use excessive force during delivery, fail to recognize risk factors, or delay necessary interventions like emergency cesarean sections, the resulting nerve damage can cause permanent disability.
In New York, families affected by Erb’s palsy have specific legal rights and protections under state medical malpractice law. These lawsuits seek compensation for medical expenses, ongoing therapy costs, future surgical needs, and the profound impact on a child’s quality of life. Understanding your legal options is the first step toward securing the resources your child needs for recovery and long-term care.
Important: New York law sets strict time limits for filing birth injury lawsuits. Children injured at birth have until their 10th birthday to file a medical malpractice claim under CPLR § 214-A. Acting promptly preserves critical evidence and protects your family’s legal rights.
Understanding Erb’s Palsy: The Medical Reality
Erb’s palsy, also known as Erb-Duchenne palsy or upper brachial plexus palsy, occurs when the C5, C6, and sometimes C7 nerve roots in the neck become stretched, compressed, or torn during childbirth. These nerve roots form part of the brachial plexus, a complex network of nerves extending from the spinal cord through the neck and into the arm.
According to the National Institutes of Health (NIH), Erb’s palsy represents approximately 60% of all brachial plexus birth injuries. The condition manifests as weakness or paralysis of the shoulder and arm, with affected infants displaying the characteristic “waiter’s tip” position—the arm hangs limply at the side with the hand turned backward.
Types of Brachial Plexus Injuries
Medical research published in Plastic and Reconstructive Surgery Global Open (2024) identifies four distinct types of brachial plexus injuries, each with different recovery prospects:
| Injury Type | Description | Recovery Outlook |
|---|---|---|
| Neuropraxia | Mild stretching of nerve fibers without tearing | Excellent; 85-90% recover within 3-6 months |
| Neuroma | Nerve stretched beyond recovery, forms scar tissue | Partial recovery possible; may require surgery |
| Rupture | Nerve torn but not at spinal cord attachment | Surgery required; variable outcomes |
| Avulsion | Nerve torn completely from spinal cord | Most severe; permanent damage likely |
Understanding the specific type of injury your child has suffered is crucial for both medical treatment planning and legal case evaluation. Diagnostic tests like electromyography (EMG) and nerve conduction studies can determine injury severity and guide treatment decisions.
How Medical Negligence Causes Erb’s Palsy During Birth
While some brachial plexus injuries occur despite appropriate medical care, many cases result from preventable medical errors. Healthcare providers have a duty to recognize risk factors, monitor labor progress, and intervene appropriately when complications arise.
Common Risk Factors That Should Trigger Heightened Monitoring
- Fetal macrosomia: Baby weighing over 8 pounds 13 ounces (4,000 grams)
- Gestational diabetes: Increases likelihood of larger babies
- Previous difficult delivery: History of shoulder dystocia or birth injuries
- Prolonged second stage of labor: Extended pushing phase
- Maternal obesity: Complicates delivery mechanics
- Post-term pregnancy: Babies continue growing past due date
When doctors recognize these risk factors, they have a responsibility to discuss the possibility of cesarean delivery with expectant mothers. Failure to obtain informed consent for attempting vaginal delivery in high-risk cases may constitute negligence.
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Take Action to Protect Your Child’s Future
Erb’s palsy changes your child’s life trajectory, but you don’t have to navigate this journey alone. New York law provides families with legal remedies when medical negligence causes preventable birth injuries.
The path to justice begins with understanding your rights and connecting with qualified legal representation. Time-sensitive deadlines mean that prompt action preserves critical evidence and protects your family’s ability to secure the compensation your child deserves.
Ready to Explore Your Legal Options? Connect with experienced New York medical malpractice attorneys who understand the medical complexities of Erb’s palsy cases and have proven track records securing substantial compensation for injured children. Free consultations provide clarity about your case without financial obligation. Your child’s future may depend on the actions you take today.
