Erb’s Palsy

Erb’s palsy is a birth injury caused by damage to the brachial plexus, the nerves near the neck that help control arm muscle movement. Health care providers can cause the condition by using too much force in guiding the baby from the birth canal during a difficult delivery. In these cases, compensation from an Erb’s palsy lawsuit can help families pay for their child’s care.

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Why Take Legal Action?

By filing an Erb’s palsy lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

  • $5 million for a family in Connecticut
  • $2 million for a North Carolina family
  • $1.8 million for a family in Texas
Rae Theodore

Written by: Rae Theodore

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Fact-Checked and Legally Reviewed by: Katie Lavender, RN

What Is Erb’s Palsy?

Erb’s palsy, also known as Erb-Duchenne paralysis, is caused by damage to the brachial plexus nerves that start near the shoulder and extend through the arm and into the hands.

This birth injury is most likely to occur during difficult deliveries, especially when the baby’s shoulder is stuck behind the mother’s pubic bone (shoulder dystocia).

When doctors fail to use proper care, they can cause these nerves to stretch or tear, leading to weakness or paralysis in the shoulder or arm.

Some statistics about Erb’s palsy in infants include:

  • Erb’s palsy affects as many as 2 infants per 1,000 live births.
  • More than 80% of infants with the condition make a complete recovery with early treatment.
  • Common treatments include physical therapy, occupational therapy, and surgery in severe cases.
  • Birth injury lawsuits award over $1 million on average for birth trauma like Erb’s palsy.

When Erb’s palsy in infants is the result of medical negligence, families may be able to take legal action to hold careless health care providers accountable and seek compensation for their child’s treatments.

LawFirm.com works with birth injury lawyers who have secured over $962 million for families impacted by conditions like Erb’s palsy.

Our legal partners never charge any upfront costs or hourly fees and can assist families in all 50 states. They also have on-staff labor and delivery nurses who can listen to your story and help you figure out what may have gone wrong.

Get a free case review now to see if an experienced Erb’s palsy lawyer can fight hard for everything your family deserves.

Signs of Erb’s Palsy in Infants

Symptoms of Erb’s palsy in infants typically appear soon after birth. If the brachial plexus nerve damage is severe, it’s more likely that Erb’s palsy will be noticed right away.

Common signs of Erb’s palsy in infants include:

  • A limp arm that hangs to the side
  • Arm in the “waiter’s tip” position with the palm facing back and the fingers curled inward
  • Difficulty moving the shoulder or upper arm
  • Limited range of motion
  • Weak grip strength

“When the bundle of nerves in the neck is damaged, then the baby has issues using their arm. So, a lot of times those babies will have a limp arm when they’re born. Their hand will be turned outward. Their fingers will curl in and they won’t have a lot of movement.”

– Andi Lowe, Registered Nurse and LawFirm.com case manager

If your child is showing Erb’s palsy symptoms, get medical attention as soon as possible. Prompt treatment can increase the chances of a full recovery.

Erb’s Palsy Causes

Erb’s palsy in infants is typically caused by physical trauma to the brachial plexus nerves in the neck and shoulder area during childbirth.

When a medical professional pulls and stretches a baby’s neck to the side or uses excessive force to guide them from the birth canal, they can cause Erb’s palsy.

When medical mistakes cause or contribute to Erb’s palsy, families may be able to take legal action to hold the negligent health care providers accountable.

Risk Factors for Erb’s Palsy

There are several risk factors that make it more likely that a child will be born with a brachial plexus birth injury like Erb’s palsy.

Erb’s palsy brachial plexus risk factors include:

  • Difficult deliveries: When there’s prolonged labor or the baby presents feet- or buttocks-first (breech)
  • Infant size: The baby has a high birth weight, typically over 8 lbs, 13 ounces (macrosomia)
  • Maternal health issues: The mother has gestational diabetes, a small or abnormally shaped pelvis, or is pregnant with multiple babies
  • Use of assisted delivery tools: Doctors misuse forceps or vacuum extractors, injuring the brachial plexus nerves
  • Shoulder dystocia: The baby’s shoulders are stuck behind the mother’s pubic bone, requiring emergency intervention

Labor and delivery staff are trained to check for risk factors ahead of time and act to protect the health of the mother and baby. By ordering a cesarean (C-section), for example, the delivering doctor may be able to prevent the condition.

Call (888) 726-9160 right now or chat with a case manager to find out about your legal options and see if you may be eligible for compensation from an Erb’s palsy lawsuit.

Legal Options for Erb’s Palsy Nerve Damage

While Erb’s palsy can be traumatic for the child and their family, a birth injury lawyer may be able to help relieve some of the stress by taking legal action on their behalf.

Erb’s palsy lawsuits can help affected families by:

  • Seeking compensation to pay for expensive therapies, medications, and surgeries
  • Holding the negligent medical professionals accountable
  • Helping to prevent other children from suffering the same type of harm

Birth injury lawsuits award over $1 million on average, and many families are able to secure compensation without going to court.

An Erb’s palsy lawyer can handle each step of the legal process for you, so you can focus on what’s truly important — taking care of your child.

Erb’s Palsy Lawsuit Settlements and Verdicts

LawFirm.com works with Erb’s palsy attorneys who have helped many families secure compensation and justice for Erb’s palsy and other brachial plexus birth injuries.

Erb’s palsy settlements and verdicts secured by our legal partners include:

  • $5 million on behalf of a Connecticut family
  • $975,000 for a 6-year-old boy with Erb’s palsy
  • $4.5 million to the family of a child affected by Erb’s palsy
  • $950,000 on behalf of a 5-year-old girl with Erb’s palsy
  • $1.99 million to the family of a child in New York for Erb’s palsy complications
  • $2.75 million for a child impacted by Erb’s palsy

Case values may vary depending on the severity of the nerve damage, medical expenses, and more. An Erb’s palsy lawyer will fight to secure as much compensation as quickly as possible.

Get a free case review now to see if a top Erb’s palsy attorney may be able to fight for compensation for your family.

Diagnosing Erb’s Palsy in Infants

If you think your child may have Erb’s palsy, reach out to your child’s pediatrician as soon as possible. They can perform an exam, run tests, and consult with specialists to make an Erb’s palsy diagnosis.

Erb’s palsy diagnostic tests include:

  • Physical examination: Your doctor will check your baby’s muscle strength and range of motion and look for any noticeable deformities in the affected arm.
  • Imaging tests: CT scans, MRIs, and X-rays help doctors check for damage to the nerves, soft tissue, or bones.
  • Electromyography (EMG): By measuring the electrical activity of muscles in response to nerve stimulation, an EMG can help pinpoint the extent of nerve injury.
  • Nerve conduction studies: These tests assess how quickly electrical impulses travel through the brachial plexus nerves. Slower signals may indicate nerve damage.

Klumpke’s palsy vs Erb’s palsy: Erb’s palsy affects the upper brachial plexus, causing weakness in the shoulder and upper arm, while Klumpke’s palsy impacts the lower brachial plexus, leading to weakness in the hand and forearm.

With an accurate diagnosis, your child is one step closer to getting the treatments they need to heal and work toward recovery.

Types of Erb’s Palsy

There are four main types of Erb’s palsy based on the severity of damage to the brachial plexus nerves.

The four types of Erb’s palsy are:

  1. Neuropraxia: The most common type, this occurs when the nerves are stretched but not torn. Most cases heal on their own within three months.
  2. Neuroma: The nerve is torn but heals with scar tissue that puts pressure on nearby healthy nerves. This type of Erb’s palsy in infants can cause chronic pain and require ongoing care.
  3. Rupture: The nerve is torn but hasn’t detached from the spinal cord. This injury does not heal by itself, so patients may need a nerve graft to repair the injured nerve.
  4. Avulsion: The most severe type of brachial plexus injury that occurs when the nerve is completely torn from the spinal cord. Even with surgery, patients may have permanent paralysis or muscle weakness in the affected arm.

The type of Erb’s palsy your child has will impact the treatments they receive and their chances of recovering.

Get a free case review to see if an experienced birth injury attorney may be able to pursue compensation for your child’s Erb’s palsy treatment and more.

Erb’s Palsy Treatment

Treatment options for Erb’s palsy vary depending on the severity of the nerve injury. Many cases of Erb’s palsy in infants are mild and heal on their own within a few months, while some children may need surgery and ongoing medical care.

Erb’s palsy treatment in a newborn may include:

  • Physical therapy: Range-of-motion exercises can help with stiffness in the baby’s arm, wrist, and hand. A physical therapist can show you how to perform these exercises at home.
  • Occupational therapy: This focuses on fine motor skills and muscle strength, allowing your child to better manage daily activities like eating and grasping objects.
  • Hydrotherapy: Exercising in the water can help lessen pain associated with purposeful movement.
  • Medical devices: Braces or splints may be used to prevent the hand from curling inward and becoming rigid.
  • Medications: Injections of botulinum toxin (Botox®) work by paralyzing stronger muscles to allow weaker ones to take over.
  • Surgery: Nerve grafts, nerve transfers, and tendon transfers can restore function in the affected arm. Your doctor may recommend surgery if your child hasn’t shown improvement by 6 months of age.

“Treatment of Erb’s palsy depends partly on how severe the injury is. Some cases resolve by themselves within three to four months. But, most likely, your healthcare provider will suggest that you do exercises and physical therapy with your baby from about the age of three weeks.”

– Cleveland Clinic

With early and proper treatment, most cases of Erb’s palsy resolve completely. However, Erb’s palsy treatment may not be fully covered by insurance, so families should consider consulting with a birth injury lawyer if they believe their child’s condition was preventable.

Get Help Seeking Compensation for Erb’s Palsy

Erb’s palsy in infants is often caused by medical mistakes made by health care providers. These errors can affect a child physically and emotionally for the rest of their life.

LawFirm.com has partnered with leading Erb’s palsy lawyers who can fight for compensation and justice on behalf of families across the country and hold negligent medical professionals accountable.

The Erb’s palsy law firms in our network:

  • Can help families in all 50 states
  • Have decades of experience
  • Never charge any upfront costs or hourly fees
  • Staff registered nurses to help families navigate Erb’s palsy

Call (888) 726-9160 right now or get a free, no-obligation case review to see if one of our trusted legal partners may be able to fight for a better future for your child.

Erb’s Palsy FAQs

Is Erb’s palsy a disability?

Yes, Erb’s palsy, also called Erb-Duchenne palsy, may be considered a disability, especially if it results in permanent impairment or paralysis of the arm.

What nerves are damaged in Erb’s palsy?

In Erb’s palsy, the brachial plexus nerves are injured. This network of nerves is located in the neck area, and they control movement and feeling in the shoulder and arm.

What is the most common cause of Erb's palsy?

A common cause of Erb’s palsy is a medical error made by a health care provider when attempting a difficult vaginal delivery.

When medical negligence leads to Erb’s palsy in infants, a birth injury lawyer can fight for the compensation and justice families deserve.

Get a free case review now to see if a top Erb’s palsy lawyer can fight hard for your family.

What are the risk factors for brachial plexus palsy?

There are many risk factors that make it more likely that a child will develop a brachial plexus palsy injury like Erb’s palsy.

Risk factors for brachial plexus birth palsy include:

  • A large baby
  • Difficult or prolonged delivery
  • Obesity or untreated maternal diabetes
  • Shoulder dystocia, which is when the baby’s shoulders are stuck behind the mother’s pubic bone
  • Use of delivery assistance tools like forceps or a vacuum extractor

Obstetricians and other labor and delivery staff should evaluate for risk factors ahead of time to ensure a safe birth and prevent an Erb’s palsy brachial plexus injury.

Can Erb’s palsy be prevented?

Yes, most cases of Erb’s palsy can be prevented with proper medical care during childbirth, according to Baptist Health.

If risk factors are present, health care providers can perform a C-section, for example, to prevent an Erb’s palsy birth injury in a newborn.

Why is my baby not moving his left arm?

If your baby isn’t moving their left arm, it could be a sign of Erb’s palsy, birth trauma involving nerve damage that impacts movement and feeling in the shoulder and upper arm.

A medical professional can examine your child to make a diagnosis. They may also refer you to a pediatric specialist who can order tests and explain how to treat Erb’s palsy in your child’s case.

A photo of our team member Katie Lavender smiling.

Fact-Checked and Legally Reviewed by: Katie Lavender, RNRegistered Nurse

  • Editor

Katie Lavender has over 8 years of experience as a registered nurse (RN), providing direct care to mothers and babies after childbirth. She brings her hands-on experience in the field of labor and delivery to the LawFirm.com team, helping ensure that our birth injury content is correct and up to date.

Rae Theodore

Written by: Rae Theodore

Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.

  1. American Academy of Orthopaedic Surgeons. (2023, August). “Erb’s Palsy
    (Brachial Plexus Birth Palsy).” OrthoInfo. Retrieved December 6, 2024, from https://orthoinfo.aaos.org/en/diseases–conditions/erbs-palsy-brachial-plexus-birth-palsy
  2. Baptist Health. (n.d). “Erb’s Palsy.” Retrieved December 6, 2024, from https://www.baptisthealth.com/care-services/conditions-treatments/erbs-palsy#
  3. Cleveland Clinic. (2021, October 20). “Erb’s Palsy.” Retrieved December 6, 2024, from https://my.clevelandclinic.org/health/diseases/21986-erbs-palsy
  4. Merryman, J. & Varacallo, M. (2023, August 4). “Klumpke palsy.” StatPearls. Retrieved December 6, 2024, from https://www.ncbi.nlm.nih.gov/books/NBK531500/
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