Boston Erb's Palsy Attorneys

Handling Brachial Plexus Injury Cases

The brachial plexus refers to a set of nerves near a person’s neck that controls the nerve functions for his or her arms. When this set of nerves is damaged, Erb’s Palsy might be the result. Erb’s Palsy is a form of brachial plexus, and it affects about 1–2 babies out of every 1,000, according to the American Academy of Orthopaedic Surgeons. Unfortunately, sometimes Erb’s Palsy is the result of a doctor’s error during birth, and that doctor might actually be held responsible for his or her negligence.

If a negligent or reckless doctor has caused your baby to have Erb’s Palsy during or just after birth, then you could qualify for financial compensation from that negligent doctor for the many expenses and losses you and your family has endured.

Contact an experienced Erb’s Palsy lawyer at Crowe & Harris, LLP , today by calling (617) 404-3417 to learn more about your legal options and pursuing the financial compensation you need.

What Is Erb’s Palsy?

Erb’s Palsy is a type of brachial plexus injury that is known to affect a child’s shoulder and arm. Of all shoulder dystocia injuries, Erb’s Palsy is known to be the most common. The condition can be a causational factor for partial or total paralysis in the arm, shoulder or hand. In the majority of cases, children suffer only temporary paralysis of the arm or shoulder. However, in approximately 20% of cases the nerves are disconnected from the spine, which causes the paralysis to be permanent.

Causes of Erb’s Palsy

Difficult labor can create circumstances in which the brachial plexus nerves are stretched or torn. For example:

• Excessive force applied to the baby’s head or shoulders
• Improper handling during shoulder dystocia
• Breech deliveries where the baby’s arms are extended over the head
• Delayed decision-making when a Cesarean section may have been safer

In some situations, a failure to perform a C-section despite warning signs may increase the risk of nerve damage. Families delivering at major Boston hospitals rely on their medical teams to anticipate complications and respond appropriately. When providers fail to do so, a birth injury claim may be warranted.

In more severe cases involving oxygen deprivation or additional trauma, related conditions such as cerebral palsy may also be evaluated during the legal review process.

Different Types of Erb’s Palsy

Children can be affected by this condition in multiple different ways. A symptom that some children may experience is losing sensation or control of the muscles in their arm. Another common symptom is not being able to use their hands as easily. Generally, there are four main types of injuries to the nerve that are associated with Erb’s Palsy.

• The nerve is damaged, but still connected to the spine (known as a rupture)
• The nerve is disconnected from the spine (known as an avulsion)
• The nerve was damaged and has healed but has left scar tissue (known as a neuroma)
• The site of the injury has localized nerve trauma (known as neuropraxia)

Signs of Erb’s Palsy

Erb’s Palsy may not immediately be detectable by parents, but there are some signs of this condition that you might notice after birth, including the following:

• Single arm weakness
• Numbness in a single arm
• Partial paralysis in one arm
• Total paralysis in one arm

Each of these symptoms might indicate that a baby has Erb’s Palsy. And, if you believe a doctor or other medical professional was negligent in treating or caring for your baby, causing this condition, you should consider holding them accountable for the many consequences their actions have caused.

There are a number of reasons why choosing to take legal action in this situation may be beneficial. For example, filing a lawsuit for the doctor’s error in their care of your baby can serve to prevent similar cases from happening in the future. Filing a lawsuit will make hospitals and doctors take notice and take extra care to try to prevent these kinds of injuries.

Another reason to take legal action is to recover the medical expenses that are involved in treating your baby for Erb’s Palsy. While your infant is recovering, there will be doctor visits and other medical costs. In addition, there can be rehabilitation costs, and the expenses can be a financial hardship for your entire family. If you suspect medical negligence may have contributed to your child's Erb's Palsy, it is important that you talk to a Boston birth injury lawyer.

Can Erb’s Palsy Be Prevented?

Erb’s Palsy can be prevented with careful and attentive prenatal care, and by your obstetrician’s advance planning for the birth. An obstetrician’s obligation to plan ahead for your baby’s birth is a critical part of prenatal care.

There are situations that may increase the risk of Erb’s Palsy complications occurring. These could include, but are not limited to:

• Prior delivery of a child with shoulder dystocia
• Induced labor
• Larger babies
• Mothers with small pelvises
• Breech presentation.

It is an experienced obstetrician’s responsibility to be fully aware of these factors and be prepared for any unforeseen challenges that could arise during the birthing process.

While the risk of shoulder dystocia is increased by these factors, anticipating these risk factors and proper care during the delivery process should keep the newborn safe and unharmed. The obstetrician who is performing the delivery of the baby should take all of the appropriate measures to prevent this potential birth injury from happening.

Our team of Erb’s Palsy attorneys at Crowe & Harris, LLP have ample experience in litigating these types of cases. It is important, as soon as possible after diagnosis, to consult with an attorney who is experienced and knowledgeable about Erb’s Palsy cases to discuss the circumstances that led to your child’s injury.

Treatments for Erb’s Palsy

While many infants outgrow the trauma caused by Erb’s Palsy, the syndrome has been known to leave permanent damage in some cases. Fortunately there are a few treatment options for these children:

• Daily physical therapy is the most frequently employed treatment method, as it is non-surgical and has been proven effective.
• Nerve grafts are a surgical procedure that doctors may begin to consider if there is no change in your baby’s condition after three to six months. Grafts involve splicing undamaged nerves from other parts of the infant to the damaged brachial plexus.
• Nerve transfers are a step up from nerve grafts. In transfers, donor muscles are inserted in order to allow the child fuller range of motion.

All of these treatments have provided some level of success in dealing with Erb’s Palsy; however, some of the surgical options may be expensive. As such, seeking financial compensation from the liable party may be a wise option.

How A Boston Erb’s Palsy Lawyer Can Help

Parents coping with an unexpected Erb’s Palsy diagnosis are often unsure where to turn, especially when they suspect a preventable medical error played a role. A dedicated legal team can investigate what happened in the delivery room, review prenatal and hospital records, and consult with medical professionals to evaluate whether the standard of care was followed. When you work with our firm, we take time to understand your child’s current condition and long-term needs so that any claim fully reflects the cost of treatment, therapy, and future support.

Because birth injury cases are complex, it can be overwhelming to deal with insurers and hospital risk managers while you are focused on your baby’s health. An erb's palsy attorney can handle communications with insurance companies, gather evidence, and track important deadlines so you do not have to manage those details on your own. In Boston and throughout Massachusetts, claims for medical negligence must follow specific procedural rules, and having guidance from a lawyer who is familiar with local courts such as Suffolk County Superior Court can make the process more manageable for your family.

Contact a Boston Erb's Palsy Attorney

No parent should have to face the results of a doctor’s error without help. If a doctor has caused your baby to have Erb’s Palsy, then the Erb’s Palsy attorneys of Crowe & Harris, LLP may be able to help you fight for your rights according to civil law.

Call (617) 404-3417 or contact our Boston Erb's palsy attorneys today to learn how we can help you pursue answers and protect your child’s future.