Erb’s palsy is a common term used for a medical condition called brachial plexus palsy or shoulder dystocia. When a baby is born and the brachial plexus nerves that connect the neck to the arm are damaged, the baby may develop Erb’s palsy.

Symptoms of Erb’s palsy include an arm that appears unnaturally turned in towards the body. The baby might not move the arm at all due to paralysis or will scream from pain of if the affected arm is moved in any way. Depending upon the cause and force used, the affected brachial plexus nerves might be torn or severed.

You may be eligible to file an Erb’s palsy lawsuit if your baby was injured during or immediately following childbirth.

Why File an Erb’s Palsy Lawsuit?

Erb’s palsy occurs when the mother experiences a hard labor. A baby that becomes stuck in the birth canal is at an increased risk of lacking adequate oxygen. Oxygen deprivation can cause irreversible brain damage, which means the doctor and staff have to move fast. In some situations, a doctor feels the need to choose between possible brain damage or possible shoulder injury.

A variety of situations can cause the medical staff to pull too hard on the infant, resulting in Erb’s palsy. A baby who is too large to fit properly through the birth canal might be pulled through the canal. But if the fit is too tight, the baby’s arms and shoulders suffer injury. An infant whose shoulder gets stuck on the mom’s pubic bone might experience tugging that hurts the shoulder area.

The baby’s position makes a difference on the amount of stress placed on the infant and where that stress occurs on the infant’s body during birth. A face-first baby might suffer Erb’s palsy after being pulled from the birth canal by the face or neck area. Even a baby coming out feet first isn’t immune from a shoulder injury because the arms must be raised over the baby’s head, which can cause a shoulder to compress and result in Erb’s palsy.

If a vacuum extraction device or forceps were used to assist in your baby’s delivery, misuse of such medical tools can result in shoulder injuries. If a medical staff member lifted your baby by the arms instead of supporting the baby’s head and spine, a post-delivery injury could be the basis for an Erb’s palsy lawsuit.

Most babies heal properly after suffering such a shoulder injury, but sometimes surgery is needed to repair the damage. Physical therapy or occupational therapy often helps the infant gain control of the arm and obtain normal movement by the baby’s second birthday.

Still, your doctor is responsible for making sure both you and your baby have your health stay intact during the delivery. The doctor usually has determined in advance if the baby is positioned correctly for delivery, how big the baby is, and whether or not any circumstances exist that would make a C-section a safer option over a vaginal birth.

An Erb’s palsy lawsuit can help you receive compensation for medical expenses, your baby’s pain and suffering, lost wages to care for your baby and other associated costs and expenses. An experienced, qualified lawyer can help you determine if you should pursue an Erb’s palsy lawsuit.