Damages for Erb’s Palsy

Erb’s palsy is a condition marked by arm weakness and reduced motion. Both adults and infants can develop the condition. However, when a baby suffers Erb’s palsy due to physical injuries inflicted by a doctor when the baby was being delivered, it may be appropriate to sue for damages. If you and your child sustained damages for Erb’s palsy and believe the condition could be the result of medical negligence, you should call our seasoned Syracuse birth injury lawyers for the best strategy to move forward. We are skillful in the courtroom and widely recognized for our good outcomes. Among other things, we belong to the prestigious Million Dollar Advocates Forum, membership in which is reserved for legal counsel that has won million and multi-million-dollar verdicts and settlements.

The brachial plexus is a network of nerves located near the neck that controls movement and feeling in the hand, arm, shoulder, and fingers. The nerves are responsible for sensation and movement through the shoulder and arm. When these nerves are overstretched, nicked, or otherwise damaged, the result can be paralysis or weakness. There is a greater risk of this type of damage when a baby is large or where there is a difficult, prolonged labor. In some cases, the nerves stretch, such that they are torn from the spinal column itself.

In many cases, when a baby is born with Erb’s palsy, it is the result of traumatic force to the brachial plexus when doctors and staff are delivering the baby. For example, a doctor who fails to call for a C-section when one it appears that there will be shoulder dystocia and thereby inflicts brachial plexus damage while trying to pull out the baby may be liable for damages for Erb’s palsy.

Some newborns born with damage to the brachial plexuses recover. However, others require substantial, expensive treatment. Medical care may include not only the costs of the provider and imaging, but also physical therapy sessions and surgery. There are babies that don’t recover their movement and feeling.

Once we establish liability, we should be able to recover any damages that flow from the Erb’s palsy resulting from medical malpractice. In most cases, these are compensatory damages, which encompass both economic and noneconomic damages. Economic damages include any concrete losses, including medical bills, future income loss, caregivers, and rehabilitation. Noneconomic losses may include any intangible losses to your child, and you, as a result of the Erb’s palsy.

Some of the most significant economic losses are physical therapy, medical bills, and rehabilitation. Even infants with minor harms to the brachial plexus may need physical therapy to ensure that they can use their affected arm fully in the future. Exercises used for a Syracuse infant who has Erb’s palsy are gentle massage, range of motion exercises, stimulation exercises, and stretching. It makes a difference to be able to see a physical therapist for these treatments, rather than to try to learn and do them by oneself as a parent.

Sometimes occupational therapy that helps with fine motor muscles is appropriate. Generally, greater benefits are obtained for purposes of recover from Erb’s palsy come from starting occupational therapy as quickly as possible, which is why it is critical to retain a lawyer.

When we are able to establish liability, we can typically recover noneconomic losses that flow from Erb’s palsy. Birth injuries can take a toll on both the child that suffers the birth injury, and his family members. Sometimes children who are unable to move their arms and suffer other symptoms can grow up feeling ashamed about their impairment. The shame can result in depression, anxiety and stress that affect the child’s ability to enjoy a rich life.

While this loss cannot be truly, fully quantified, we work hard to make sure insurance adjustors, judges and juries understand the enormity of the intangibles that have been lost when presenting our clients’ birth injury lawsuits in order to obtain the greatest available damages award.

If you and your child sustained damages for Erb’s palsy caused by medical malpractice in Upstate New York, you should call the seasoned Syracuse birth injury attorneys of DeFrancisco & Falgiatano. We seek the best outcomes for babies and their families in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, and Elmira. Fill out our online form or call us at 833-200-2000.