New Jersey Erb’s Palsy Attorneys

Erb’s Palsy/Brachial Plexus Injury

During the birth process, after the head of the baby is delivered, sometimes, one of the baby’s shoulders could get impacted behind the mother’s pubic bone (this is called Shoulder Dystocia). This can make it difficult for the rest of the baby’s body to deliver. Doctor’s and midwives are required to use certain "maneuvers" designed to safely free the stuck shoulder and minimize the risk of trauma and damage to the "Brachial Plexus" nerves which control shoulder, arm, wrist and finger muscle movement. If too much force is exerted on the baby's head (excessive downward or lateral traction) in trying to deliver the baby and/or if the proper maneuvers are not utilized, the Brachial Plexus nerves can be stretched, torn, avulsed or otherwise damaged, permanently affecting function of the shoulder, arm, wrist and fingers. Damage to the Brachial Plexus nerves may also result in physical deformities (including a shortened arm, bulging shoulder blade, internally rotated arm and flexions at the wrist and elbow, etc.).

The injuries to the Brachial Plexus can result in conditions known as Erb’s or Erb’s-Duchenne Palsy (loss of function of the shoulder, arm, wrist and fingers) and/or Klumpke’s Palsy (loss of function of the wrist and fingers).

Approximately two babies per 1,000 live deliveries sustain Brachial Plexus birth injuries. Healthcare providers know that there are certain circumstances or conditions that may place babies at a higher risk for a Shoulder Dystocia presentation at birth. These risk factors include but are not limited to, the size of the baby, especially in relation to the size and configuration of the mother’s pelvis (sometimes referred to as macrosomia or fetal macrosomia), gestational diabetes (which increases the risk of macrosomia), forceps deliveries, prolonged labor and prior maternal history of another child born in a Shoulder Dystocia delivery. In certain cases, where the mother is a gestational diabetic, where there is a known prior Shoulder Dystocia delivery, or where prenatal measurements of the baby indicate a very large size, the parents should be counseled on the risk of Shoulder Dystocia and given the option of cesarean section delivery.

If your child sustained a Brachial Plexus injury resulting in Erb’s and/or Klumpke’s Palsies, full recovery may not be possible and treatment to attain a functional arm and hand can be quite expensive, even for those with health insurance coverage. Those who are affected by the loss of muscle control of the shoulder, hand or arm need to meet many challenges throughout childhood, adolescence and into adult life. If there is little or no improvement in the palsy condition, surgery may be considered an option to help restore or at least increase motor function. In addition, after a Brachial Plexus injury ongoing, sometimes lifelong, occupational and physical therapies may be required to increase or keep stable levels of function.

If your child sustained a Brachial Plexus injury during birth due to the negligence or carelessness of a doctor, midwife or nurse, you may seek compensation for that injury, including, lost future wages, the cost of past and future medical and therapy expenses, physical pain and suffering and cosmetic deformity or disfigurement.

At Blume Goldfaden, our skilled NJ Erb’s Palsy attorneys can help you and your family investigate the prenatal care and labor and delivery, as well as the cause of your child's birth injury. Contact our experienced lawyers at 973-635-5400 for a no cost consultation and evaluation of your child's potential Erb's Palsy case.

Erb’s Palsy Verdicts and Settlements

• $975,000 Settlement - Medical Malpractice - Birth Injury - Erb’s Palsy - Shoulder Dystocia
• $950,000 Settlement - Birth Injury Shoulder Dystocia - Erb’s Palsy
• $800,000 Settlement - Shoulder Dystocia - Brachial Plexus Injury - Erbs Palsy
• $750,000 Settlement - Medical Malpractice - Birth Injury - Shoulder Dystocia and Erb’s Palsy
• $670,000 Settlement - Medical Malpractice - Birth Injury - Shoulder Dystocia - Erb’s Palsy

Click here to see more Blume Goldfaden verdicts and settlements.