Erb’s palsy (brachial plexus palsy) and other birth injuries are often associated with difficult deliveries, particularly when a baby is larger than average. A number of birth injuries occur due to medical negligence (carelessness) and can be prevented through proper prenatal care, careful labor management and timely decision making by medical providers.
Understanding Erb’s Palsy or Brachial Plexus Palsy
Erb’s palsy is a form of brachial plexus injury caused by damage to the nerves controlling movement and sensation in a baby’s shoulder, arm and hand. It most commonly occurs when excessive force is applied to the baby’s head or neck during delivery. Other injuries associated with large babies — a condition known as fetal macrosomia — include clavicle fractures, shoulder dystocia, facial nerve injuries, oxygen deprivation and in severe cases, brain injury.
Larger babies are at higher risk of these injuries because their shoulders may have difficulty passing through the birth canal, increasing the likelihood of shoulder dystocia, which is a medical emergency in which the baby’s shoulder becomes lodged against the mother’s pelvic bone.
Identifying Risk Factors Early
Certain factors increase the likelihood of delivering a larger baby, including gestational diabetes, maternal obesity, excessive pregnancy weight gain, post-term pregnancy and a history of delivering large babies. When these risk factors are identified early, healthcare providers can monitor fetal growth more closely through ultrasounds and other clinical assessments.
While estimating fetal weight, recognizing patterns of rapid growth or potential macrosomia allows providers to plan for a safer delivery and discuss options such as delivering the baby by cesarean section (C-section), with the expectant mother.
Labor and Delivery Techniques Matter
In many cases, birth injuries occur because of the way complications are handled by medical professionals during delivery. Shoulder dystocia, for example, requires prompt recognition and the use of specific maneuvers designed to free the baby’s shoulder without applying excessive force.
Properly trained providers use techniques such as repositioning the mother, applying controlled pressure or rotating the baby’s shoulders internally. Pulling forcefully on the baby’s head or neck is widely recognized as dangerous and significantly increases the risk of Erb’s palsy (brachial plexus palsy) and other nerve injuries.
Avoiding unnecessary use of birth-assistive tools such as forceps or vacuum extractors in high-risk situations is another important preventive step. Their use can definitely increase injury risk, especially if used improperly or when a baby’s size already makes delivery difficult.
Contacting an Experienced Lawyer
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. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case 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 cases where New York City Health and Hospital Corporation facilities deliver babies who are born with brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children, such as cerebral palsy or brain damage etc.
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
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