What to Know About Filing an Erb’s Palsy Birth Injury Case

doctors at hospital

Many Erb’s palsy cases are caused by the traumatic stretching or tearing of the brachial plexus during birth. Many Erb’s palsy cases are caused by medical negligence and could have been prevented. If you believe that your health care providers did not do what they could to prevent Erb’s palsy in your child, you may have a valid claim. To learn more about filing a claim and how our New York City Erb’s palsy lawyer can assist you, read on.

What is Erb’s palsy?

Erb’s palsy is an injury to the brachial plexus. The brachial plexus is the area where the neck joins the shoulder that consists of a network of nerves that provides movement and sensation to the arm, hand, and fingers. In many cases, Erb’s palsy is a result of the baby’s shoulder becoming impacted or stuck on the mother’s pelvis during birth. This causes the nerves to tear or stretch through improper maneuvers during the delivery of the baby. Two out of every 1,000 babies are affected by Erb’s palsy. Erb’s palsy symptoms vary depending on the extent of nerve damage. Erb’s palsy can cause paralysis, limpness, or loss of sensation in the arm or shoulder.

Many babies born with Erb’s palsy can recover some function through treatments such as physical or occupational therapy to help rehabilitate nerves, improve motion and reduce joint stiffness. Early intervention is key to facilitating recovery from Erb’s palsy.

What is brachial plexus palsy?

Erb鈥檚 palsy is a form of brachial plexus palsy. Brachial plexus palsy is a type of birth injury that impacts the area where the baby’s neck meets the shoulder. A baby with brachial plexus palsy may experience the following:

  • Facial paralysis
  • Little or no wrist and hand control
  • Inability to crawl without intervention
  • Inability to sit up without assistance
  • No sensation or muscle control in hand or arm
  • Arm paralysis
  • Paralysis of shoulder or elbow muscles
  • Limp hand and fingers

Can Erb’s palsy be the result of a preventable birth injury?

Certain maternal and fetal conditions can increase the likelihood of Erb’s palsy and its complications. If a risk factor was ignored or undetected during labor, the baby’s Erb palsy could have been avoided.

How can I know if I have an Erb’s palsy birth injury case?

Your baby’s Erb’s palsy is likely the result of a preventable birth injury if you experienced one or more of the following during pregnancy or birth:

  • A baby that was too large for gestational age
  • Maternal diabetes
  • Failure to utilize the correct maneuvers to the mother during delivery


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.