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Erb's Palsy / Brachial Plexus Injury Lawyer

When a child is born with a disability, parents are faced with life-changing consequences. When medical malpractice is the cause of this disability, these adjustments need to be dealt with under traumatizing circumstances.

Brachial Plexus injuries are one of the most common forms of birthing injuries suffered, affecting up to 5% of deliveries in modern America. While there’s a range of symptoms and varying degrees of severity, our specialist Erb’s Palsy lawyers can help you claim any entitled compensation to help guide you through the difficult challenges which lie ahead.


What is Erb’s Palsy?

Erb’s Palsy is an alternative term given to the condition of Brachial Plexus Palsy, an injury which restricts the mobility of a child’s arm. Erb’s Palsy specifically affects both the upper and lower arm, with nerve damage rendering a loss of sensation, partial or full paralysis of the affected limb.

This can potentially result in long-term weakness, loss of mobility, or physical deformity to a child’s arm and shoulder, however, many infants who develop this condition make a full recovery in both movement and sensitivity of the affected arm.

Available treatment for this injury can involve physiotherapy, medication, or in extreme conditions, neurosurgery may be required. In cases which are more serious and caused as a result of medical negligence, it may also be possible to make a successful Brachial Plexus claim

How do Brachial Plexus Injuries Occur?

Typically caused by an excessive amount of force used in the delivery, damage is caused to the nerve fibers which are collectively known as the Brachial Plexus. These nerves run up through the spine into the arms and neck, with injury possible at any point along this route. The most common injuries occur within the upper arm as a result of excessive exertions to pull the baby from the birth canal, especially when the infant is lodged within the pelvic area.

While too much force and undue stretching of the neck or shoulder are a common reason for Brachial Plexus injuries, they’re not the only cause. Other problems which can develop this birthing injury include:

  • Above average size and weight of baby
  • Underdeveloped neck muscles in the baby
  • The baby’s shoulders becoming lodged in the pelvic area
  • Obesity of the mother
  • The mother having diabetes
  • Babies born in a breech position

Symptoms of a Brachial Plexus Injury

Erb Palsy usually affects only one arm. The severity of the injury is largely dependent on the position and extent of the rupture. If the nerves are severely torn or stretched, the damage may be permanent. Common symptoms which can identify Brachial Plexus injuries include:

  • Limpness in the arm
  • Neck pain
  • Loss of sensation in the hand or arm
  • Reduced muscle control in the arm, wrist or hand
  • Disfigurement
  • Partial or full paralysis in the affected arm

Many of these signs can be hard to detect with a newborn baby, however, there’s a range of tests which can help diagnose the ailment. A Moro reflex test and a motor-skill evaluation which includes a five-point grading system can be used to discover the extent of any injuries which may be present.

What to do if Your Child has Erb’s Palsy

Many of the infants who contract Erb’s Palsy make a full recovery within a few weeks of being born. For this reason, physical and hydro-therapy are the first steps on the road to recovery. A program of daily exercises aimed to strengthen muscles, increase mobility, and stimulate sensations of touch should be carefully planned and monitored by a qualified pediatric physical therapist.

Only after a three to six-month period would further action be considered if symptoms still persist. This can involve surgery, either as nerve decompression or a nerve graft. It’s vital to consider that surgery on any scale carries its own set of risks and, furthermore, every case is unique and requires its own specific diagnosis.

As such, it’s imperative you have a physician you can rely upon. You must be able to trust their opinion and expertise, that they will provide the best and most appropriate treatment for your child.

Can you Claim Compensation?

Delivery room personnel should be trained to recognize signs of fetal distress and other birthing difficulties. All staff, including obstetricians and nurses, should be trained in how to address these difficulties if and when they occur.

Medical professionals who provide substandard care must be held accountable to prevent a repeat situation and to compensate victims who could require years of future care and treatment. If this is the situation, specialist Erb’s Palsy lawyers can help your family recover damages from the negligent party.

How to File a Claim/What to Expect

When making an Erb’s Palsy claim, it’s important that you also have an attorney who you can trust. Talking through your child’s injury and making an action plan can be a distressing process for many parents. It’s could also be a lengthy process and as such, having a good relationship with your attorney can make a huge difference through some difficult times.

Your first legal consultation will be used to assess the technical merits of the case. This will require various medical documents in addition to questions being asked about the pregnancy and delivery of your baby. It also provides a perfect opportunity for you to ask any questions or voice any concerns you may have to the attorney.

From here, an independent medical review will be commissioned which is used by the law firm to help decide if a successful case can be built on your complaint. If agreeable, you can then proceed to file a medical malpractice claim and set the legal wheels in motion.

When to File a Complaint?

The Commonwealth of Pennsylvania allows two years from the date of an injury to file a civil lawsuit. That makes it important that you contact a knowledgeable Pennsylvania attorney as soon as possible to discuss your legal options, allowing for plenty of time to set up the case correctly.

Why Choose The Colleran Firm?

With over a century of combined experience, we will provide a dedicated member of our firm to personally handle your Brachial Plexus claim.

Philadelphia Erb's Palsy LawyersAt The Colleran Firm, we strive to give you our honest and professional opinion and having won many multimillion-dollar verdicts. We believe our experience in this field of law leaves us unrivaled amongst our peers. We also operate on a contingent fee basis, which means if we take on your case, we will only charge a fee with a successful outcome.

Our specialist medical malpractice attorneys are dedicated to working for you, as a team.

To find out how our specialist Erb’s Palsy lawyers can help you, please contact us online today to schedule a free consultation.

The attorneys at The Colleran Firm handle serious injury cases caused by health care provider negligence and medical malpractice in Pennsylvania & New Jersey.

Connect With Us:

The Colleran Firm

2005 Market Street # 1940
Philadelphia, PA 19103
Phone: (215) 972-8000
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