In order to prove medical negligence in a birth injury, the plaintiff must prove that they were under the care of a physician who failed to perform the appropriate standard of care, and as a direct result of this failure, their baby has suffered Erb’s Palsy.
Common delivery errors that may result in Erb’s Palsy include:
These errors can result in significant, often preventable, damage to the newborn’s brachial plexus nerves, potentially causing permanent impairment.
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Also known as brachial plexus birth palsy or Erb-Duchenne paralysis, Erb’s palsy is a weakness and loss of motion in the arm. The nerves controlling movement in the arms, hands, and fingers are either stretched or torn. It is named for Dr. Wilhelm Erb, one of the first physicians to diagnose the condition.
In newborns, Erb’s palsy most often happens during a difficult delivery when the infant’s neck is stretched to the side when coming out of the birth canal.
Erb’s palsy risk factors include large infant size, maternal diabetes, maternal obesity, breech birth and prolonged labor. However, some infants without these risk factors develop Erb’s palsy, even when delivered by Caesarean section.
According to the National Institutes of Health (NIH), this birth injury ranges from “0.9 to 2.6 per 1,000 live births. It causes significant arm weakness that affects 0.4 to 5 in 10,000 births.”
To understand Erb’s palsy, it is crucial to know how the brachial plexus functions. This network of nerves near the neck controls the nerves extending from the arm. The nerves pass from the spinal cord between the neck vertebrae and into the arm.
These nerves allow the shoulder, arm, hands, and fingers to have movement and feeling. When the brachial plexus nerves are impaired, weakness and loss of movement result. With Erb’s palsy, it is generally the upper nerves of the brachial plexus that are affected.
There are four basic types of Erb’s palsy, ranging from extremely serious to relatively mild:
Initial symptoms of the various types of Erb’s palsy are similar. The outcome of recovery depends on the specific form.
The symptoms of Erb’s palsy are apparent immediately after birth. The baby is either not moving their arm or hand or the arm is held straight at the elbow and held against the body.
A doctor will suspect Erb’s palsy upon a physical examination of the infant and the arm’s weakness. Diagnosis may include taking X-rays or an MRI of the baby’s shoulder to rule out fractures or issues with the shoulder or elbow joints.
To determine whether the muscles of the upper arm contain nerve signals, the doctor may order tests such as a nerve conduction study or an electromyogram.
As noted, neurapraxia tends to resolve on its own within a few months. While a neuroma may heal on its own, recovery is not usually complete.
Ruptures do not heal on their own. In some cases, the rupture is repairable via surgery. The damaged nerve requires splicing together with a nerve graft taken from elsewhere in the child’s body.
Avulsions are not repairable. Some arm function may be restored by using another muscle’s nerve from a donor. The donor nerve replaces the detached nerve.
It can take years after surgery for the nerve repair to become effective, as nerves grow very slowly. During this recovery period, the child requires rehabilitation exercises to boost their arm strength and range of motion.
As noted, many Erb’s Palsy cases are preventable with proper prenatal care and careful delivery practices. Medical negligence is often at the root of these injuries when healthcare providers fail to recognize risk factors or use appropriate techniques during labor and delivery.
Proper Care Involves the Following:
Prompt treatment after a diagnosis of Erb’s palsy is essential. Even in a best-case scenario, neglecting such treatment can lead to a 20 to 30 percent permanent nerve function deficit, as per the NIH. Some children may require a series of surgeries as they age to improve their arm function. For many children, arm strength and range of motion are permanently compromised.
Long-term complications of Erb’s palsy may include:
Erb’s palsy often severely affects a child’s self-esteem. Not only is one arm less functional than the other, but the two arms are notably different in length. This difference becomes more obvious as the child grows. Some children cannot participate in sports or other recreational activities due to Erb’s palsy.
For most infants, daily physical therapy is the primary Erb’s palsy treatment. Parents must play an active role in their child’s physical therapy. Your pediatrician or the baby’s physical therapist will show you how to perform these exercises. These exercises must be done as often as possible during the day, starting when the baby is about three weeks of age.
If there is no improvement by the age of six months, surgery is usually recommended.
An Erb’s palsy claim is a medical malpractice lawsuit. As noted, many Erb’s palsy cases are preventable. Because the doctor did not follow standard medical procedures during your child’s birth and used excessive force or the wrong delivery technique, your child suffers long-term or permanent impairment.
In order to prove medical negligence in a birth injury, the plaintiff must prove that they were under the care of a physician who failed to perform the appropriate standard of care, and as a direct result of this failure, their baby has suffered Erb’s Palsy.
By filing an Erb’s palsy lawsuit, you may receive financial compensation for the ongoing medical treatment and other services your child needs. In New York, the statute of limitations for filing a medical malpractice lawsuit, including birth injuries, is 2.5 years from the date of the injury.
However, it is critical to contact a New York birth injury lawyer as soon as possible so that valuable evidence regarding your claim does not disappear. The sooner your attorney begins investigating your claim, the better.
Erb’s Palsy affects the physical and emotional health of the child and also has significant psychological and financial impacts on their family. The long-term effects of this condition can lead to challenges that influence overall quality of life.
Seeking professional counseling for both the child and family members can help address feelings of anxiety, depression, or guilt. Family therapy can also strengthen communication and provide tools for managing stress. In addition, joining support groups with other families facing similar challenges can provide a sense of community and shared understanding. It allows families to exchange coping strategies, emotional support, and practical advice.
It also helps to encourage independence by providing the child opportunities to develop new skills and adapt to their limitations, which can boost their confidence. Physical and occupational therapy can help improve function, allowing the child to participate more fully in daily activities.
By acknowledging and addressing the psychological impact of Erb’s Palsy, families can better support their child’s emotional growth and adjust to the challenges of caregiving, ultimately improving their quality of life and strengthening family bonds.
The long-term costs of treating Erb’s Palsy can be substantial, often placing significant financial strain on families. These expenses can accumulate over many years, especially if the injury results in severe or permanent impairment. Here’s a breakdown of common long-term costs and their potential financial impact:
Costs for MRIs, nerve conduction studies, and other diagnostic tests can range from several hundred to several thousand dollars. Surgeries to repair nerve damage, such as nerve grafts or nerve transfers, can cost between $20,000 to $100,000 or more, depending on complexity.
Multiple surgeries may be required over the years, especially if initial procedures do not fully restore function. Further, secondary surgeries, like tendon transfers or muscle releases, are sometimes needed to improve mobility. Each surgery involves the cost of the procedure, hospitalization, anesthesia, and follow-up care.
Physical and occupational therapy are crucial for maintaining and improving range of motion and strength. Weekly sessions may be necessary for years and can cost $75 to $200 per session. Families may need to purchase specialized equipment, e.g., braces, splints, or therapeutic toys to support at-home exercises, which can cost anywhere from $200 to $1,000 or more.
If the child’s condition impacts their ability to participate fully in school activities, parents may need to pay for special education services, support within the school system, or private tutoring. Therapy for the emotional impact of living with a disability, which can cost $100 to $200 per session, may be necessary for the child’s mental health and self-esteem.
Parents often face lost wages or reduced work hours to attend medical appointments, therapy sessions, or surgeries. In severe cases, one parent may need to stop working to become a full-time caregiver, leading to significant income loss. Further, regular visits to specialists, sometimes in distant cities, can incur substantial travel costs, including fuel, lodging, and meals.
In cases of severe disability, families may need to modify their home, e.g., adding ramps, modifying bathrooms, or installing lifts, which can cost $5,000 to $20,000 or more.
Over a child’s lifetime, the total cost of managing Erb’s Palsy can easily exceed $500,000 to $1,000,000, or even more in severe cases involving multiple surgeries, lifelong therapy, and adaptive needs. For many families, these expenses are not fully covered by insurance, leading to significant out-of-pocket costs. This financial burden can result in debt, drained savings, and long-term economic stress.
The financial impact can force families to make difficult choices, such as cutting back on non-essential expenses, using retirement savings, or delaying other major life decisions (like buying a home or saving for college). For families with limited financial resources, the burden of caring for a child with Erb’s Palsy can lead to lasting financial insecurity, highlighting the importance of seeking compensation through legal channels when medical negligence is involved.
When calculating compensation, much depends on how deeply Erb’s palsy affects the child physically and emotionally. Compensation for a child who is severely affected by Erb’s palsy will be greater than that for a child with more minor complications.
We hire medical and financial experts to testify about the causes and the short-and-long term costs of treatment and care. Medical experts testify as to the standard of care during deliveries and how your doctor breached that standard. Financial experts can determine the lifetime costs of your child’s particular level of injury.
If your newborn suffers from Erb’s palsy due to medical malpractice at birth, you need the services of an experienced New York birth injury attorney at Rheingold, Giuffra, Ruffo, Plotkin & Hellman LLP to help you recover compensation for the damages you’ve incurred.
Schedule a free, no-obligation consultation today. While most cases are settled, we will take your case to trial when necessary. Because we work on a contingency basis, you pay no fee unless you receive compensation.
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