What You Need to Know About Erb’s Palsy Settlement Amounts in New York
When a newborn suffers Erb’s palsy due to medical negligence during delivery, families face not only the emotional trauma of their child’s injury but also significant financial burdens. Understanding potential compensation through an Erb’s palsy settlement can help families plan for their child’s long-term care needs. Settlement amounts vary widely based on injury severity, medical costs, and the circumstances of negligence.
Erb’s palsy, also known as a brachial plexus birth injury, occurs when the network of nerves controlling the arm and hand becomes damaged during delivery. According to research published in StatPearls, this injury affects 0.9 to 2.6 per 1,000 live births, translating to approximately 12,000 affected births in the United States annually. When medical professionals fail to properly manage delivery complications like shoulder dystocia, resulting in preventable nerve damage, families may pursue medical malpractice claims for compensation.
Key Takeaways
- Average settlements exceed $1 million: Erb’s palsy settlements typically range from $750,000 to over $2 million, with severe cases reaching significantly higher amounts.
- Settlement value depends on injury severity: Permanent nerve damage and cases requiring surgical intervention command substantially higher compensation than injuries with complete recovery.
- Multiple damages types available: Families can recover compensation for medical expenses, future care costs, pain and suffering, and lost earning capacity.
- Time limits apply in New York: Birth injury claims must generally be filed within 10 years of the injury or 30 months after the child turns 18, whichever comes first.
- Medical negligence must be proven: Successful claims require demonstrating that healthcare providers deviated from accepted standards of care during delivery.
What Is Erb’s Palsy and How Does It Occur?
Erb’s palsy is a form of brachial plexus injury affecting the upper nerves in the network that controls movement and sensation in the shoulder, arm, and hand. The condition typically occurs during difficult deliveries when excessive force or traction is applied to the baby’s head and neck, stretching or tearing the delicate nerve fibers.
The injury most commonly happens during shoulder dystocia, a delivery complication where the baby’s shoulder becomes lodged behind the mother’s pubic bone after the head has already emerged. Medical professionals must follow established protocols to safely resolve shoulder dystocia without causing injury to the infant’s brachial plexus nerves.
According to medical literature, approximately 90% of infants with Erb’s palsy demonstrate recovery over time, but around 10% continue with permanent arm dysfunction. When recovery begins within the first four weeks, complete resolution is possible within the first year of life. However, untreated cases can result in 20% to 30% permanent nerve deficit.
Average Erb’s Palsy Settlement Amounts in 2025
Erb’s palsy settlement amounts vary significantly based on the severity of the injury and the long-term impact on the child’s quality of life. Understanding typical settlement ranges can help families set realistic expectations when pursuing a birth injury claim.
Typical Settlement Ranges
According to analysis of brachial plexus birth injury cases, the average settlement or verdict exceeds $2 million when examining significant cases. However, settlement amounts typically fall into the following ranges:
| Injury Severity | Typical Settlement Range | Characteristics |
|---|---|---|
| Mild Cases | $150,000 – $500,000 | Near-complete recovery within 6-12 months, minimal ongoing treatment |
| Moderate Cases | $500,000 – $1.5 million | Partial recovery, ongoing physical therapy, some permanent limitations |
| Severe Cases | $1.5 million – $5 million | Permanent paralysis, multiple surgeries, lifelong care requirements |
| Catastrophic Cases | $5 million+ | Complete nerve avulsion, associated brain injuries, total arm dysfunction |
The wide variation in settlement amounts reflects the diverse nature of brachial plexus injuries, which range from temporary nerve stretching that resolves on its own to complete nerve avulsion requiring surgical repair and resulting in permanent disability.
Recent Settlement and Verdict Examples
Actual settlement and verdict amounts from recent cases demonstrate the potential compensation available in Erb’s palsy lawsuits. According to documented case results, notable outcomes include:
- 2024 Illinois verdict: $75,859,000 for a child who suffered multi-level brachial plexus injuries along with other serious birth injuries
- 2022 Louisiana verdict: $15,800,000 for permanent brachial plexus injury with associated complications
- 2023 Missouri verdict: $2,840,000 for Erb’s palsy requiring ongoing physical therapy and adaptive equipment
- 2022 New York settlement: $2,537,354 for permanent nerve damage with partial arm function loss
- 2023 New Jersey settlement: $150,000 for a mild case with near-complete recovery
Additional results compiled by legal firms handling birth injury cases show settlements ranging from $1 million to $5 million for families whose children suffered Erb’s palsy due to delivery negligence. These amounts reflect the substantial costs associated with long-term medical care, physical therapy, adaptive equipment, and the impact on the child’s future earning capacity.
Understanding Settlement Confidentiality
Many Erb’s palsy settlements include confidentiality clauses that prevent disclosure of the exact settlement amount. As a result, publicly available settlement data may not reflect the full range of compensation awarded in these cases. Jury verdicts, which are public record, provide the most transparent view of potential case values.
What Factors Affect Erb’s Palsy Settlement Amounts?
Multiple variables influence the final settlement amount in an Erb’s palsy medical malpractice case. Understanding these factors helps families and their attorneys build stronger claims and pursue maximum compensation.
Severity and Permanence of the Injury
The single most significant factor affecting settlement value is the extent and permanence of the nerve damage. Erb’s palsy injuries are classified into several types based on severity:
Neuropraxia (Mild)
The nerve is stretched but not torn. This is the most common and mildest form of Erb’s palsy. Most children recover fully within 3-6 months without surgery. Settlement amounts are typically lower due to complete recovery.
Neuroma (Moderate)
The nerve is stretched and some fibers are torn, causing scar tissue formation. Recovery may be partial, with some permanent weakness. These cases command moderate settlement amounts reflecting ongoing limitations.
Rupture (Severe)
The nerve is torn but not at the spinal cord attachment point. Surgical repair is typically required. Significant permanent deficits are common, resulting in substantially higher settlement values.
Avulsion (Most Severe)
The nerve is torn from the spinal cord completely. This is the most severe form and often results in permanent paralysis of the affected arm. These catastrophic injuries command the highest settlement amounts.
Medical Expenses and Future Care Costs
Erb’s palsy treatment can require extensive medical intervention over many years. Documented medical expenses significantly impact settlement calculations and include:
- Initial diagnostic testing: MRI scans, nerve conduction studies, and other assessments to determine injury extent
- Physical and occupational therapy: Often required multiple times per week for months or years
- Surgical procedures: Nerve grafts, nerve transfers, tendon transfers, and other reconstructive surgeries
- Adaptive equipment: Specialized devices to assist with daily activities and maintain arm function
- Future medical care: Projected lifetime costs for ongoing therapy, follow-up surgeries, and medical monitoring
In severe cases, lifetime medical care costs can exceed several million dollars. Expert medical testimony regarding future care needs is essential to securing adequate compensation for these long-term expenses.
Degree of Medical Negligence
The egregiousness of the medical negligence affects both settlement negotiations and potential jury awards. Cases involving clear, inexcusable breaches of the standard of care typically result in higher settlements. Examples of negligence that may support substantial compensation include:
- Failure to recognize risk factors for shoulder dystocia (fetal macrosomia, maternal diabetes, previous shoulder dystocia)
- Failure to recommend cesarean section when vaginal delivery posed significant risks
- Use of excessive force during delivery, particularly lateral traction on the baby’s head
- Improper use of delivery instruments like forceps or vacuum extractors
- Failure to follow established protocols for managing shoulder dystocia emergencies
- Delayed response to recognized delivery complications
Medical standard of care requires physicians to plan appropriately for delivery when risk factors are present and to respond immediately and correctly when shoulder dystocia occurs. Deviation from these standards strengthens the foundation for a successful claim.
Impact on Quality of Life
Compensation also accounts for the injury’s impact on the child’s overall quality of life and future opportunities. Considerations include:
- Developmental delays: Inability to crawl, walk, or reach developmental milestones on schedule
- Educational challenges: Difficulty with writing, art, sports, and other activities requiring bilateral arm function
- Social and emotional effects: Self-consciousness, bullying, depression, or anxiety related to the visible disability
- Career limitations: Reduced earning capacity due to inability to pursue certain professions or perform physical tasks
- Recreational restrictions: Inability to participate in sports, hobbies, or activities enjoyed by peers
Expert testimony from life care planners, vocational rehabilitation specialists, and psychologists helps quantify these non-economic damages and justify higher settlement amounts.
Importance of Thorough Documentation
Maximizing settlement value requires comprehensive documentation of all injury impacts, medical treatments, and expenses. Families should maintain detailed records of all medical appointments, therapy sessions, out-of-pocket expenses, and observations about how the injury affects their child’s daily life. This documentation becomes critical evidence during settlement negotiations.
Types of Damages Available in Erb’s Palsy Cases
Erb’s palsy settlements compensate families for multiple categories of damages, both economic and non-economic. Understanding these damage types helps families pursue complete compensation for all injury-related losses.
Economic Damages
Economic damages compensate for quantifiable financial losses resulting from the birth injury:
| Damage Type | What It Covers | Documentation Required |
|---|---|---|
| Past Medical Expenses | All medical treatment from birth through settlement | Medical bills, insurance statements, payment receipts |
| Future Medical Costs | Projected lifetime medical expenses | Life care plan from medical experts |
| Therapy Costs | Physical, occupational, and other therapeutic services | Therapy invoices, treatment plans |
| Adaptive Equipment | Assistive devices and specialized equipment | Equipment purchase records, expert recommendations |
| Lost Wages | Parent income lost due to caring for injured child | Employment records, pay stubs, tax returns |
| Reduced Earning Capacity | Child’s diminished future earning potential | Vocational expert analysis |
Non-Economic Damages
Non-economic damages compensate for intangible losses that do not have a specific dollar value but significantly impact the child and family’s wellbeing:
- Pain and suffering: Physical pain experienced by the child due to the injury and required treatments
- Emotional distress: Psychological impact of living with a disability, including anxiety, depression, or trauma
- Loss of enjoyment of life: Inability to participate in normal childhood activities and experiences
- Disfigurement and disability: Permanent physical changes and functional limitations
- Loss of consortium: Impact on family relationships and parent-child bonding
New York law does not cap non-economic damages in medical malpractice cases, unlike some states that impose statutory limits. This allows juries to award compensation that truly reflects the full extent of non-economic harm in severe Erb’s palsy cases.
How the Erb’s Palsy Claims Process Works
Pursuing compensation for an Erb’s palsy birth injury requires navigating a complex legal process. Understanding the key steps helps families prepare for what lies ahead.
Initial Case Evaluation
The process begins with consultation with an experienced birth injury attorney who will evaluate whether medical negligence occurred and whether the case has merit. During this evaluation, attorneys review:
- Complete medical records from prenatal care, labor, delivery, and postnatal treatment
- The child’s diagnosis, treatment history, and prognosis
- Evidence of risk factors that should have prompted different medical decisions
- Timeline of events during labor and delivery
- Applicable medical standards of care
Most birth injury attorneys offer free initial consultations and work on a contingency fee basis, meaning families pay no upfront costs and attorneys only collect fees if they secure compensation.
Medical Expert Review
In New York, medical malpractice claims require a certificate of merit from a qualified medical expert within 90 days of filing the lawsuit. This expert must review the case and confirm that medical negligence likely occurred. The expert review process involves:
- Detailed analysis of all medical records by a physician in the same specialty as the defendant
- Comparison of the care provided against accepted medical standards
- Written certification that the claim has merit and is not frivolous
- Preparation of expert testimony for trial if the case proceeds to litigation
Filing the Lawsuit
Once the attorney determines the case has merit and obtains necessary expert support, they file a formal complaint in the appropriate New York court. The complaint outlines:
- Parties involved (plaintiffs and defendants)
- Facts surrounding the birth and injury
- Specific acts of negligence alleged
- Legal theories supporting liability
- Damages sought
Discovery and Investigation
Following the lawsuit filing, both sides engage in discovery, exchanging information and evidence. This phase includes:
- Depositions of medical providers, family members, and expert witnesses
- Production of medical records, policies, and procedures
- Expert evaluations of the child’s condition and prognosis
- Analysis of medical literature and standards of care
Discovery can take many months but is essential to building a strong case and establishing the value of the claim.
Settlement Negotiations
Most Erb’s palsy cases settle before trial. Settlement negotiations may occur at various points throughout the litigation process. According to research on birth injury litigation, approximately 95% of Erb’s palsy lawsuits resolve through settlement rather than proceeding to trial.
Settlement offers consider all damages, including economic losses and non-economic harm. Experienced attorneys use documented cases with similar facts to support settlement demands and reject inadequate offers.
Trial
If settlement negotiations fail, the case proceeds to trial where a jury hears evidence and determines both liability and damages. Trials involve:
- Opening statements outlining each side’s case
- Presentation of evidence including medical records and expert testimony
- Cross-examination of witnesses
- Closing arguments summarizing the evidence
- Jury deliberation and verdict
While trials provide the opportunity for potentially higher awards, they also involve greater uncertainty, expense, and time commitment compared to settlements.
Statute of Limitations for Erb’s Palsy Claims in New York
New York imposes strict time limits for filing medical malpractice lawsuits, including birth injury claims. Understanding these deadlines is critical, as failing to file within the applicable statute of limitations typically bars recovery completely.
Standard Timeline for Birth Injury Cases
New York law provides an extended statute of limitations for medical malpractice claims involving minor children. According to New York statutory law, birth injury claims must be filed within the earlier of:
- 10 years from the date of injury, or
- 30 months (2.5 years) after the child turns 18 years old
This means that for most birth injuries, including Erb’s palsy, families have until the child’s 10th birthday to file a lawsuit. This extended timeline recognizes that some birth injuries may not be immediately apparent and that families need time to understand the full extent of their child’s condition.
Discovery Rule Considerations
In some cases, the statute of limitations may be extended under the “discovery rule” if the injury was not immediately apparent at birth. However, for Erb’s palsy, which typically presents obvious symptoms immediately after delivery (such as the characteristic “waiter’s tip” posture), the discovery rule rarely applies.
Importance of Acting Promptly
Despite the 10-year window, families should not wait to consult with an attorney. Several reasons make early action beneficial:
- Medical records may be lost, destroyed, or become difficult to obtain over time
- Witness memories fade, making testimony less reliable
- Medical experts need time to thoroughly review records and prepare opinions
- Building a strong case requires extensive investigation and preparation
- Earlier settlements allow families to access compensation sooner for ongoing care needs
Critical Deadline Alert
Missing the statute of limitations deadline typically means losing the right to pursue compensation permanently, regardless of how strong the case may be. If you believe your child’s Erb’s palsy resulted from medical negligence, consult with an experienced birth injury attorney as soon as possible to protect your legal rights.
Proving Medical Negligence in Erb’s Palsy Cases
Successfully recovering compensation through an Erb’s palsy settlement requires proving that medical negligence caused the injury. This involves establishing four key legal elements.
Duty of Care
The first element requires showing that the healthcare provider owed a duty of care to the mother and baby. This is typically straightforward, as physicians, nurses, and hospitals have a clear duty to provide competent medical care to their patients during pregnancy, labor, and delivery.
Breach of the Standard of Care
The most critical element involves demonstrating that the healthcare provider deviated from accepted medical standards. In Erb’s palsy cases, common breaches include:
- Failure to identify and respond to risk factors: Not recognizing signs like fetal macrosomia (large baby), maternal diabetes, or other indicators suggesting increased shoulder dystocia risk
- Failure to recommend cesarean section: Not offering C-section delivery when risk factors made vaginal delivery dangerous
- Use of excessive force: Applying improper lateral traction to the baby’s head during delivery
- Improper instrument use: Incorrect application of forceps or vacuum extractors
- Failure to follow shoulder dystocia protocols: Not employing established maneuvers designed to safely resolve shoulder dystocia
Expert medical testimony is essential to establish what the standard of care required in the specific circumstances and how the defendant’s actions fell short of that standard.
Causation
Plaintiffs must prove that the breach of the standard of care directly caused the Erb’s palsy. This can be challenging, as defendants often argue that the injury would have occurred regardless of their actions or that natural forces during delivery, rather than medical negligence, caused the nerve damage.
Strong medical evidence linking the specific acts of negligence to the brachial plexus injury is crucial. This may include biomechanical expert testimony explaining how excessive traction caused nerve stretching or tearing.
Damages
Finally, families must document the damages suffered as a result of the injury. Comprehensive medical records, life care plans, economic analyses, and expert testimony establish the full extent of economic and non-economic losses.
Maximizing Your Erb’s Palsy Settlement
Securing maximum compensation requires strategic preparation and strong legal representation. Several factors can significantly increase settlement value.
Comprehensive Medical Documentation
Thorough documentation of the injury, treatment, and prognosis strengthens settlement negotiations. Essential documentation includes:
- Complete birth and delivery records documenting the circumstances of delivery
- Diagnostic imaging showing the extent of nerve damage
- Treatment records from all physicians, therapists, and specialists
- Progress notes documenting improvement or persistent deficits
- Detailed life care plan prepared by qualified medical experts
- Vocational assessment of future earning capacity limitations
Expert Witness Testimony
Compelling expert testimony makes the difference between adequate and exceptional settlements. Key experts include:
- Obstetric specialists: To establish how delivery should have been managed and where negligence occurred
- Neurological experts: To explain the nature and permanence of nerve damage
- Life care planners: To project lifetime medical and care costs
- Economic experts: To calculate lost earning capacity and other financial losses
- Vocational rehabilitation specialists: To assess career limitations and adaptation needs
Strong Legal Representation
Experienced birth injury attorneys bring specialized knowledge and resources to maximize settlements. When selecting an attorney, consider:
- Track record of substantial settlements and verdicts in birth injury cases
- Access to qualified medical experts in relevant specialties
- Resources to fund extensive litigation if necessary
- Trial experience and willingness to go to court if settlement offers are inadequate
- Reputation among insurance companies and defense attorneys
Patience and Persistence
Insurance companies often make low initial settlement offers hoping families will accept quick but inadequate compensation. Maximizing settlement value requires patience to:
- Allow sufficient time to understand the full extent of the injury and long-term prognosis
- Gather comprehensive evidence and expert opinions
- Negotiate aggressively and reject inadequate offers
- Prepare thoroughly for trial if necessary to demonstrate commitment to securing fair compensation
Do’s for Maximizing Settlements
- Maintain detailed records of all medical treatment and expenses
- Follow all recommended treatment plans and attend appointments
- Consult with experienced birth injury attorneys early
- Be patient and allow time for proper case development
- Consider long-term needs, not just immediate expenses
Don’ts That Can Reduce Settlements
- Don’t accept the first settlement offer without thorough evaluation
- Don’t miss medical appointments or fail to follow treatment plans
- Don’t discuss the case on social media
- Don’t sign anything without attorney review
- Don’t let the statute of limitations expire
How Settlement Money Is Typically Structured
Erb’s palsy settlements can be structured in different ways depending on the total amount, the child’s age, and the family’s needs. Understanding these structures helps families make informed decisions about settlement offers.
Lump Sum Payments
Many settlements involve a single lump sum payment to the family. Advantages include:
- Immediate access to funds for medical expenses and other needs
- Flexibility to invest and manage money as the family sees fit
- No ongoing relationship with the defendant or insurance company
- Ability to obtain immediate specialized care and equipment
However, lump sum settlements also carry risks, particularly the potential for funds to be exhausted before meeting all long-term care needs.
Structured Settlements
Structured settlements provide periodic payments over time rather than a single lump sum. These arrangements may include:
- Monthly payments for living expenses and ongoing care
- Annual payments for major expenses
- Lump sum payments at specific milestones (reaching adulthood, college enrollment, etc.)
- Guaranteed lifetime income for the injured child
Structured settlements offer security by ensuring funds remain available throughout the child’s lifetime, but they provide less flexibility than lump sum payments.
Hybrid Approaches
Many families benefit from hybrid structures combining immediate lump sum payments with future periodic payments. For example:
- Lump sum covering past medical expenses and immediate needs
- Structured payments for ongoing therapy and care costs
- Future lump sums timed to anticipated major expenses like surgeries or adaptive equipment
Special Needs Trusts
Families may establish special needs trusts to hold settlement proceeds. These trusts:
- Preserve the child’s eligibility for government benefits like Medicaid and SSI
- Provide professional management of settlement funds
- Ensure money is available throughout the child’s lifetime
- Protect assets from creditors and poor financial decisions
Consultation with financial advisors and estate planning attorneys helps families structure settlements to maximize long-term benefits while protecting eligibility for essential government programs.
Tax Implications of Erb’s Palsy Settlements
Understanding the tax treatment of settlement proceeds helps families plan appropriately and avoid unexpected tax liabilities.
Generally Non-Taxable Compensation
Under federal tax law, compensation for physical injuries is generally excluded from gross income. This means that portions of Erb’s palsy settlements compensating for:
- Medical expenses (past and future)
- Physical pain and suffering
- Physical disability or disfigurement
These amounts are typically not subject to federal income tax.
Potentially Taxable Components
Some settlement components may be taxable:
- Emotional distress damages: Emotional distress unrelated to physical injury may be taxable
- Punitive damages: Any punitive damages (rare in medical malpractice cases) are fully taxable
- Interest on settlement amounts: Pre-judgment and post-judgment interest is taxable
- Lost wages: Compensation for lost parental income may be taxable as it replaces taxable earnings
Importance of Settlement Allocation
How settlement agreements allocate money among different damage categories can significantly affect tax liability. Working with tax professionals and attorneys to structure settlements appropriately can minimize tax obligations while complying with IRS requirements.
Frequently Asked Questions About Erb’s Palsy Settlements
How much is the average Erb’s palsy settlement in New York?
The average Erb’s palsy settlement in New York typically exceeds $1 million, with amounts ranging from $150,000 for mild cases with full recovery to over $5 million for severe cases involving permanent paralysis and lifetime care needs. The specific amount depends on injury severity, medical expenses, future care costs, and the degree of medical negligence involved.
How long does it take to receive an Erb’s palsy settlement?
The timeline for receiving an Erb’s palsy settlement varies significantly based on case complexity and whether the case settles or goes to trial. Simple cases may settle within 12-18 months, while complex cases requiring extensive expert testimony and litigation can take 2-4 years or longer. Once a settlement is reached, payment typically occurs within 30-90 days after all documents are signed.
Will accepting a settlement prevent me from seeking more money later?
Yes, accepting a settlement typically requires signing a release that prevents pursuing additional compensation from the same defendants for the same injury. This makes it critical to fully understand your child’s long-term prognosis and care needs before agreeing to settle. Once signed, settlement agreements are generally final and binding, even if the child’s condition worsens later.
What if my child’s Erb’s palsy was only discovered months or years after birth?
While Erb’s palsy typically presents immediately at birth with visible symptoms like the characteristic arm position, some subtle cases may not be diagnosed right away. Under New York law, the statute of limitations for birth injury cases generally provides 10 years from the date of injury regardless of when it was discovered. However, consulting with an attorney as soon as possible after diagnosis is important to preserve evidence and protect your legal rights.
Can I still pursue a claim if I signed forms at the hospital after delivery?
Generally, yes. Standard hospital admission and consent forms do not waive your right to pursue a medical malpractice claim for negligent care. These forms typically address routine treatment consent and financial responsibility, not release from liability for negligence. An attorney can review any documents you signed to determine if they affect your ability to pursue a claim.
Do I have to go to court to get an Erb’s palsy settlement?
Most Erb’s palsy cases settle without going to trial. According to research, approximately 95% of birth injury lawsuits resolve through settlement negotiations rather than proceeding to trial. However, you must be prepared to go to court if necessary, as insurance companies offer higher settlements when they know the family and attorney are willing and able to present the case to a jury if settlement offers remain inadequate.
What percentage of my settlement will the attorney take?
Birth injury attorneys typically work on a contingency fee basis, meaning they receive a percentage of the settlement or verdict rather than charging upfront fees. Contingency fees in medical malpractice cases commonly range from 30% to 40% of the total recovery, depending on the stage at which the case resolves. Attorneys usually cover case expenses (expert fees, filing costs, etc.) and deduct these from the settlement as well. The exact fee structure should be clearly outlined in your attorney fee agreement.
Will my settlement affect my child’s eligibility for disability benefits or Medicaid?
Settlement proceeds can potentially affect eligibility for needs-based government benefits like Supplemental Security Income (SSI) and Medicaid. However, properly structured special needs trusts can preserve settlement funds while maintaining benefit eligibility. Working with attorneys experienced in both medical malpractice and special needs planning ensures settlements are structured to maximize both compensation and access to essential government programs.
Why Legal Representation Matters for Erb’s Palsy Cases
Birth injury cases involving Erb’s palsy present unique legal and medical complexities that require specialized knowledge and experience. Attempting to negotiate with insurance companies and healthcare institutions without skilled legal representation typically results in significantly lower compensation than families deserve.
Specialized Knowledge Requirements
Erb’s palsy cases require understanding of:
- Obstetric standards of care for managing high-risk deliveries
- Brachial plexus anatomy and injury mechanisms
- Shoulder dystocia emergency protocols
- Long-term prognosis for various types of nerve injuries
- Life care planning for children with permanent disabilities
- Complex medical malpractice law and procedure
Experienced birth injury attorneys have handled numerous similar cases and developed expertise in these specialized areas.
Access to Essential Resources
Building strong Erb’s palsy cases requires substantial resources that most families cannot access on their own:
- Network of qualified medical experts willing to testify
- Ability to fund expensive expert witness fees, often $30,000-$50,000 or more
- Medical illustrators to create demonstrative exhibits for trial
- Investigators to gather evidence and locate witnesses
- Advanced litigation technology for document management and presentation
Negotiation Leverage
Insurance companies know which attorneys have the knowledge, resources, and track record to successfully try cases to verdict. They offer substantially higher settlements to attorneys with proven trial success because they want to avoid the risk and expense of trial. Families represented by experienced trial attorneys typically receive settlement offers 2-3 times higher than those without strong legal representation.
Objective Evaluation
Families dealing with the emotional trauma of a birth injury often struggle to objectively evaluate settlement offers. Experienced attorneys provide critical perspective on whether offers adequately compensate for all damages and whether accepting settlement or proceeding to trial better serves the family’s interests.
Get Help With Your Erb’s Palsy Case
If your child suffered Erb’s palsy due to medical negligence during delivery, you may be entitled to significant compensation for medical expenses, future care costs, and other damages. Our experienced birth injury legal team can evaluate your case and help you pursue the maximum compensation your family deserves.
Conclusion: Understanding Your Rights and Options
Erb’s palsy settlement amounts vary widely based on injury severity, medical expenses, quality of life impact, and the strength of evidence supporting medical negligence. While average settlements exceed $1 million, individual cases may result in compensation ranging from hundreds of thousands to many millions of dollars depending on specific circumstances.
Families facing the challenges of caring for a child with Erb’s palsy deserve full compensation for all economic and non-economic damages. This requires thorough medical documentation, compelling expert testimony, skilled legal representation, and patience to pursue maximum recovery rather than accepting inadequate early settlement offers.
The 10-year statute of limitations in New York provides families time to understand their child’s prognosis and pursue claims, but earlier action preserves evidence and protects legal rights. Consulting with an experienced birth injury attorney as soon as possible ensures families can build the strongest possible case and secure the resources their child needs for a lifetime of care and support.
With proper legal representation and comprehensive case preparation, families can hold negligent healthcare providers accountable and obtain compensation that truly reflects the full impact of preventable birth injuries on their child’s life and future.
