Boston Erb's Palsy Attorneys

Handling Brachial Plexus Injury Cases in Boston, MA with Care

The brachial plexus refers to a set of nerves near a person’s neck that control the nerve functions for the arms. When this set of nerves is damaged, Erb’s Palsy may result. Erb’s Palsy is a form of brachial plexus injury, and it affects about one or two 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 may 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 have endured. Speaking with a Boston Erb's Palsy attorney at Crowe & Harris, LLP can help you understand whether a civil claim is available in your situation and what pursuing that claim might involve.

Contact an Erb’s Palsy lawyer in Boston, MA, today by calling (617) 404-3417 to learn more about your legal options and pursue 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.

What Causes 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. 

The four main types of injuries to the nerve that are associated with Erb’s Palsy include:

• Rupture: The nerve is damaged but still connected to the spine. 
• Avulsion: The nerve is disconnected from the spine.
• Neuroma: The nerve was damaged and has healed. However, scar tissue puts pressure on the injured nerve and keeps it from sending signals to the muscles.
• Neuropraxia: The nerve was stretched, but it did not tear. 

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
• Lack of muscle control
• Numbness in a single arm
• Partial paralysis in one arm
• Total paralysis in one arm

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. Another reason to take legal action is to recover the medical expenses that are involved in treating your baby for Erb’s Palsy. If you suspect medical negligence may have contributed to your child's Erb's Palsy, it is important that you talk to a Boston Erb's palsy lawyer.

Can Erb’s Palsy Be Prevented?

Erb’s palsy can sometimes be prevented with careful and attentive prenatal care and with 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. However, 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 challenges that could arise during the birthing process.

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: This is the most frequently employed treatment method, as it is non-surgical and has been shown to be effective.
• Nerve grafts: This is 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: This is a step up from nerve grafts. In transfers, donor muscles are inserted in order to allow the child a 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 Our 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. 

We help by doing the following and more:

• Investigating what happened: Our legal team can investigate the delivery, review prenatal and hospital records, and consult medical professionals to determine whether the standard of care was followed.
• Understanding your child’s needs: We take the time to understand your child’s current condition and long-term needs so that any claim accounts for treatment, therapy, and future support.
• Handling the legal process: Our Boston Erb’s palsy attorney can communicate with insurance companies, gather evidence, and track important deadlines so you can focus on your family.

Lastly, 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 Boston Erb’s palsy lawyers 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.