When a newborn suffers a preventable injury during delivery, the consequences can be life-altering. One such injury is Erb’s palsy, a condition affecting the nerves that control the arm and shoulder. In many cases, Erb’s palsy results from medical negligence during childbirth. If your child has been diagnosed with this condition, you may be entitled to financial compensation that can help you manage long-term care costs and secure your child’s future.
At Simeone & Miller, LLP, we are dedicated to helping families in Washington, D.C. understand their legal options and pursue justice. In this blog, we’ll explain what Erb’s palsy is, how it occurs, and what types of compensation may be available to your family.
What Is Erb’s Palsy?
Erb’s palsy is a type of brachial plexus injury—damage to the bundle of nerves near the neck that controls movement and sensation in the shoulder, arm, and hand. This injury typically occurs during a difficult or traumatic delivery, especially when there is:
- Shoulder dystocia (when the baby’s shoulder gets stuck behind the mother’s pelvic bone)
- Excessive pulling or force during delivery
- Breech birth
- Use of forceps or vacuum extractors
In mild cases, babies may recover with physical therapy. However, severe injuries can lead to long-term or even permanent weakness, paralysis, or limited function in the affected arm.
How Medical Negligence Leads to Erb’s Palsy
Erb’s palsy is often preventable. It may be caused by medical negligence when doctors or delivery teams:
- Fail to recognize risk factors for shoulder dystocia
- Apply excessive traction during delivery
- Use delivery instruments improperly
- Do not order a timely C-section despite warning signs
When healthcare providers deviate from the accepted standard of care and that negligence leads to injury, they may be held legally and financially responsible.
What Compensation Is Available for Erb’s Palsy?
Families affected by Erb’s palsy may face a lifetime of medical costs and challenges. Fortunately, a successful birth injury claim can provide compensation for a wide range of damages, including:
Medical Expenses
- Hospital stays
- Surgeries
- Physical and occupational therapy
- Assistive devices (e.g., braces, splints)
Future Medical Needs
- Ongoing therapy
- Adaptive technology
- Long-term care or rehabilitation
Lost Earning Potential
If the injury leads to a permanent disability, your child may never be able to work to their full potential. Compensation can account for this loss of future income.
Pain and Suffering
This includes compensation for your child’s physical discomfort, emotional distress, and diminished quality of life.
Parental Impact
In some cases, parents may also be compensated for lost income resulting from caretaking responsibilities, as well as for emotional distress.
At Simeone & Miller, LLP, we work with medical experts and financial specialists to ensure all aspects of your family’s hardship are properly calculated and included in your claim.
How Is Compensation Determined?
The value of an Erb’s palsy claim depends on several key factors:
- Severity of the injury: Permanent damage usually leads to higher settlements.
- Extent of medical treatment needed: Longer or more invasive treatment increases compensation potential.
- Lifelong impact on the child: If your child’s ability to live independently or earn income is affected, the damages are typically higher.
- Evidence of negligence: A clear link between a provider’s error and your child’s injury strengthens your case.
- State laws: Washington, D.C. law allows parents to file malpractice claims on behalf of their children, but strict deadlines apply.
How Long Do I Have to File a Claim?
In Washington, D.C., the statute of limitations for medical malpractice involving a minor may be extended, but it’s still crucial to act quickly. Evidence can fade, and delays can weaken your case. A knowledgeable birth injury attorney can help you understand the specific deadlines and exceptions that apply to your situation.
Why Choose Simeone & Miller, LLP?
At Simeone & Miller, LLP, we’ve helped countless families in the D.C. area pursue birth injury claims, including those involving Erb’s palsy caused by medical negligence. We understand the emotional and financial toll these injuries take, and we’re here to provide compassionate guidance and aggressive legal advocacy.
We take the time to listen to your concerns, investigate the circumstances surrounding your child’s birth, and consult with trusted medical experts to build a strong case. Our goal is to secure the maximum compensation available so you can focus on your child’s recovery and future.
Contact Simeone & Miller, LLP for a Free Consultation
If your child has been diagnosed with Erb’s palsy and you suspect a medical error played a role, don’t wait. The legal team at Simeone & Miller, LLP is ready to help you understand your rights and explore your options for recovery.
Contact us today for a free consultation, and let’s discuss how we can help your family move forward.
