Brachial Plexus Palsy (Erb’s Palsy) Settlements: Birth Injury Lawsuits

Brachial plexus palsy (Erb’s palsy) is a condition that is caused by damage to a set of nerves known as the brachial plexus typically during labor and/or delivery. Injuries to the nerves of the brachial plexus have the potential to cause severe and lifelong damage including the paralysis of one arm.

A brachial plexus palsy (Erb’s palsy) settlement is monetary compensation awarded to the victim and his or her family in a case where the birth injuries were caused by medical negligence (carelessness). Such a settlement can help provide families with the compensation that is needed to help ensure that the child receives the therapies and treatments that are necessary to improve his or her quality of life.

Disabilities and Brachial plexus palsy (Erb’s palsy)

The brachial plexus is a group of five nerves that control the muscles of the arm and thereby arm movement. These are also the nerves that provide sensation to all parts of the arm and coordinate movement to each muscle in the arm. They also connect the smaller nerves of the arm to the spinal cord. When a child’s arm, shoulder, neck or head is forcefully pulled during birth, it may potentially damage the nerves of the brachial plexus. The infant could end up suffering from Erb’s palsy or brachial plexus palsy.

In infants, this type of damage may occur during a prolonged labor and delivery. Any pulling motion that stretches the nerves excessively may cause damage. For example, if a baby is larger than average or has his or her shoulder stuck against the mother’s pelvis (a condition known as shoulder dystocia), an obstetrician may use birth-assistive tools such as forceps or vacuum extractors to get the baby out of the birth canal. An incompetent or inexperienced obstetrician may cause significant damage to the nerves of the brachial plexus by applying more force than necessary. This is a common scenario our New York personal injury lawyers see in Brachial plexus palsy (Erb’s palsy) birth injury lawsuits.

Getting an Brachial plexus palsy (Erb’s palsy) Settlement

If your child suffered birth injuries and now has Erb’s palsy (brachial plexus palsy), you are looking at a future where your child may be living with disabilities for the rest of his or her life. This may prove emotionally and financially costly. A settlement is monetary compensation awarded to a plaintiff (victim) from a defendant, particularly when there is negligence (carelessness) involved. A brachial plexus palsy (Erb’s palsy) settlement is compensation a child receives from a doctor, hospital or other parties because of medical negligence (carelessness) that caused the child’s condition.

Erb’s palsy lawsuits are often settled out of court but some move forward to a trial. This is why you need a New York birth injury lawyer who is well-versed in handling these types of cases, is a skilled negotiator and successful trial lawyer who can take your case to a jury trial, if that becomes necessary.

Contacting an Experienced Lawyer

The costs of caring for a child with Erb’s palsy can add up very quickly. If your child’s injury was caused by medical negligence (carelessness), you may be able to seek compensation for damages including loss of earnings, medical expenses, cost of hospitalization, ongoing treatment and therapies, psychological counseling, permanent injuries, disabilities, past and future pain and suffering, etc.

The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $2,850,000 verdict that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.

We have seen many cases where New York City Health and Hospital Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.

The following list identifies some of these hospitals (operated by New York City Health and Hospitals Corporation):

• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000

Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

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