Erb’s Palsy or brachial plexus palsy is a condition that is caused by severe injury at birth, and can affect a child for the rest of his or her life. We have seen a number of cases where injuries to the nerves of the brachial plexus during birth have resulted in total paralysis and other permanent, life-changing disabilities for children.
It is important to know that a number of birth injuries, including those that lead to brachial plexus palsy (Erb’s palsy), can be avoided. There are numerous cases where medical negligence (carelessness) on the part of a medical provider have led to brachial plexus palsy or Erb’s palsy.
What Causes Brachial plexus palsy (Erb’s palsy)?
Brachial plexus palsy (Erb’s palsy) is often the result of damage to the nerves of the brachial plexus, which control movement and sensation in the shoulders, elbows, wrists and hands. These delicate nerves are made up of thousands of fibers that transport electrical messages between the brain and the muscles. If these nerves are stretched, ruptured or severed as a result of birth trauma, it can prevent muscles from functioning properly.
There are a number of ways in which medical negligence (carelessness) leads to Brachial plexus palsy (Erb’s palsy) during childbirth, including when shoulder dystocia occurs. This is when the baby’s shoulder is stuck against the mother’s pubic bone during birth and can happen if a child is too large; if the baby is in breech (feet first) position as opposed to headfirst; if the mother’s pelvis is too small; and if the labor is prolonged.
How Medical Negligence (Carelessness) Plays a Part
Here are the most common examples of medical negligence (carelessness) in cases that lead to Brachial plexus palsy (Erb’s palsy):
Failure to recommend a Cesarean section (C-section): Once a medical provider knows that there are risk factors such as a larger than average baby, they should discuss the possibility of a C-section with the mother and the family. For example, if the baby is larger than average, this means a higher risk for shoulder dystocia or a prolonged labor, heightening the possibility of birth injury.
Failure to take the right action: There are a number of maneuvers that doctors are trained to perform if shoulder dystocia occurs. For example, The McRoberts Maneuver, which involves pushing the mother’s thighs outward to widen the pelvis is used to resolve the issue. In some cases, doctors have the option of performing an episiotomy or an incision made in the perineum to increase the vaginal opening.
Substandard medical care: Examples of substandard medical care that can heighten the risk of Brachial plexus palsy (Erb’s palsy) include:
• Improper or inept use of birth-assistive tools such as forceps during birth.
• Pulling the baby’s arms or applying too much pressure and causing injury.
• Allowing babies’ arms to be pulled backwards during a breech delivery.
Establishing Medical Negligence (carelessness)
One of the most important steps to establish medical negligence (carelessness) in an Brachial plexus palsy (Erb’s palsy) case is to gather critical evidence such as medical records. An experienced New York birth injury attorney will be able to compile such evidence, which will help substantiate your birth injury claim. A knowledgeable lawyer will also help assemble experts who can offer an opinion about whether the care provided by the medical professional was appropriate and in line with the established standards of care. Witness testimony from anyone who attended the birth can also help establish facts that are crucial to your case.
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 may be 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 child with brachial plexus palsy (Erb’s palsy) may seek a settlement from a doctor, hospital or other parties because of medical negligence (carelessness) that caused his or her condition.
Brachial plexus palsy (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 and can take your case to a jury trial, if that becomes necessary.
Contacting an Experienced Lawyer
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
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