Miami Erb's Palsy Lawyer

What Erb's Palsy Is and How It Happens

Erb's palsy occurs more often than any other form of neonatal brachial plexus injury. It affects the upper brachial plexus nerves, generally C5 and C6, which govern movement and sensation in the shoulder and arm. The degree of nerve damage determines whether a child ends up with weakness, restricted movement, or complete paralysis of the arm.

Large population studies have found the pooled incidence of neonatal brachial plexus palsy to be approximately 1.74 per 1,000 live births, with U.S. studies reporting rates of approximately 1.5 per 1,000. The injury occurs most often during deliveries complicated by shoulder dystocia, a situation in which a baby's shoulder becomes lodged behind the mother's pubic bone after the head has already been delivered.

How Delivery Errors Can Cause Erb's Palsy

Medical literature has long recognized excessive lateral or downward traction applied to a baby's head and neck during a difficult delivery as a mechanism of brachial plexus injury. When a shoulder dystocia occurs, and the delivering physician responds with forceful manipulation rather than established obstetric maneuvers, the nerves of the brachial plexus can be stretched, compressed, or torn. Specific mechanisms associated with brachial plexus injury in the medical literature include:

• Downward traction of the fetal head during shoulder dystocia
• Forceful manipulation to complete delivery
• Instrument-assisted deliveries involving forceps or vacuum extraction

Beyond the technique used during delivery, other factors are consistently associated with an elevated risk of Erb's palsy. Prolonged second stage of labor and breech presentation are also recognized risk factors. When these risk factors are present, and a provider fails to appropriately anticipate or respond to complications during delivery, the resulting injury may indicate a possible deviation from accepted standards of obstetric care.

Signs That Your Newborn May Have Erb's Palsy

Erb's palsy is often identifiable shortly after birth, though the full extent of nerve damage may take time to assess. Signs that may indicate a brachial plexus injury include:

• Limpness or weakness in one arm at birth
• Absence of the Moro reflex on the affected side
• Asymmetrical movement during infancy
• Limited or absent movement in the shoulder, arm, or hand
• Muscle atrophy in the affected arm as the child grows
• The arm held close to the body with the elbow extended and wrist bent

If your newborn showed any of these signs after a difficult delivery, particularly one involving shoulder dystocia or instrument assistance, a birth injury evaluation is worth pursuing.

Long-Term Effects of Erb's Palsy on Children and Families

The severity of the nerve damage plays a big role in outcomes, but lasting injury happens more often than many realize. Research has found that between 3% and 27% of affected newborns are left with lasting deficits.

For families, Erb’s palsy often means years of physical and occupational therapy, possible surgical intervention, adaptive equipment, and constant monitoring as the child grows. When these needs result from a provider's failure to anticipate known risk factors, Florida law gives families the right to pursue compensation from those responsible.

What You Can Recover in an Erb's Palsy Claim in Florida

Families pursuing a birth injury or medical malpractice claim in Florida related to Erb's palsy may be entitled to compensation for:

• Past and future medical expenses
• Physical and occupational therapy
• Surgical costs, including nerve repair or reconstruction
• Assistive devices and adaptive equipment
• Special education and developmental support
• Loss of the child's future earning capacity
• Pain and suffering / Mental anguish
• Lost income of a parent who reduces work to provide care

In cases where a birth injury results in the death of a newborn, a wrongful death claim may allow the family to recover for funeral expenses, medical costs incurred prior to death, and loss of companionship.