New York Erb's Palsy Lawyer

Your Trusted Erb's Palsy Attorneys in NYC

When you check into the hospital to deliver your baby, you expect a safe birth and a healthy newborn. Sadly, medical negligence sometimes leads to Erb's palsy, a serious birth injury that can dramatically reduce your child's quality of life while creating emotional and financial stress for your entire family.

At Jacob Fuchsberg Law Firm, we believe healthcare providers must be held accountable when their actions cause preventable harm to newborns. We rely on our decades of experience to identify where standards of care were violated during your child's delivery and can apply our litigation knowledge and skills to pursue the compensation your family deserves.

• Our family fighting for your family: For over forty years, we've stood beside parents whose children suffered from Erb's palsy. We understand your worries and have secured millions for families like yours through our experience in birth injury cases.
• Your child's story matters: You'll speak directly with your attorney, not a case manager or paralegal. We limit our caseload so you can reach your lawyer day or night with questions about your child's case when you need answers most.
• No recovery, no fee: We advance all costs for trial experts, court filings, evidence production, and case preparation. You'll never receive an invoice unless and until we secure compensation for your child. Your consultation is completely free — no hidden charges.
• Support beyond the courtroom: We'll connect you with pediatric specialists, help with therapy appointments, and assist with insurance issues. Many of our attorneys are parents who understand your challenges. We're your allies in your child's journey.

What Is Erb's Palsy?

Erb's palsy is named for an area of the neck called Erb's point, located between the fifth and sixth cervical nerves. The condition occurs when these nerves are damaged during delivery, resulting in limited movement and function in the baby's arm and shoulder.

The brachial plexus is a network of nerves (C5, C6, C7, C8, and T1) originating in the neck and controlling movement and sensation in the arm and hand. Erb's palsy typically involves damage to the upper nerves (C5-C7), affecting shoulder and elbow movement more than hand function. Children with this condition often cannot fully move their shoulder, straighten their arm, or use all their fingers properly.

Common Erb's Palsy Symptoms: When to Suspect a Birth Injury

The damage to a newborn baby's arms is not always apparent to new parents immediately. Our Erb's palsy attorneys urge you to trust your instincts if something does not seem right to you. Early diagnosis and intervention are critical for maximizing your child's chances of recovery.

Some of the signs to look for with Erb's palsy include:

• Your baby can move fingers but not the shoulder on the same arm.
• The affected arm appears fully or partially paralyzed.
• Arm weakness or lack of feeling.
• Arms point inward with palms facing outward (waiter's tip position).
• Weaker grip strength in the affected hand.
• Decreased or absent Moro ("startle") reflex on the affected side.

During diagnosis, doctors may recommend tests such as electromyography (EMG), nerve conduction studies, or MRI to assess the extent of damage and determine the appropriate treatment approach.

Brachial Plexus Injury Types: Severity of Erb's Palsy Damage

The damage your baby sustains during delivery and the resulting disability depends on the type of nerve injury inflicted. These injuries range from mild stretching to complete separation from the spinal cord.

The four types of brachial plexus injuries include:

• Avulsion (most severe): Nerves tear completely away from the spinal cord. Surgical repair involves transferring nerves from elsewhere in the body, but direct reattachment is impossible. Often results in permanent disability.
• Neuroma: A severe stretch injury causing scar tissue that disrupts nerve signals to muscles. Full recovery is rarely possible, though partial improvement may occur with physical therapy and surgery to remove scar tissue.
• Neuropraxia (mildest): Nerves stretch but don't tear, sometimes called "stingers" or "burners". As the most common and least serious type, the body can typically repair this injury within three months with appropriate physical therapy.
• Rupture: Nerves break apart away from the spinal cord. These injuries won't heal without surgical intervention to splice and graft the nerves. Recovery depends on rupture severity and how quickly surgery occurs.

The type and severity of the brachial plexus injury will determine your child's treatment plan and recovery outlook. Under the Individuals with Disabilities Education Act (IDEA), children with Erb's palsy are entitled to early intervention services to support their development.

Medical Malpractice Causes of Erb's Palsy

Shoulder dystocia — when the baby's shoulder becomes stuck during birth — is the most common cause of Erb's palsy. Studies report that approximately 50% of brachial plexus injuries are linked to shoulder dystocia. This emergency requires doctors to promptly perform maneuvers (McRoberts position, etc.) to safely deliver the baby and minimize nerve damage.

While shoulder dystocia itself isn't always preventable, medical negligence can occur when doctors fail to properly anticipate and manage known risk factors such as gestational diabetes, large babies (macrosomia), and previous difficult deliveries. In such cases, appropriate precautions must be taken, including considering a Cesarean delivery.

Common medical errors that lead to Erb's palsy include:

• Failure to recognize risk factors in the mother's medical history.
• Improper use of vacuum extractors or forceps during delivery.
• Applying excessive lateral traction on the baby's head.
• Not offering cesarean section when appropriate.
• Failure to estimate fetal size during the third trimester.
• Not calling for additional medical assistance during a difficult delivery.
• Poor response to post-term pregnancies.
• Inadequate documentation of shoulder dystocia in medical records.

In many cases, medical records may not properly document the shoulder dystocia that occurred. If you believe your doctor should have recognized risk factors or failed to respond appropriately during delivery, you have the right to pursue a medical malpractice claim with our birth injury attorneys at Jacob Fuchsberg Law Firm.

Available Types of Compensation in Erb's Palsy Cases

Having a child with unanticipated medical needs can place a serious strain on your finances and relationships with your partner and other children. The costs associated with Erb's palsy treatment can be substantial, often continuing for years or even a lifetime.

When your New York Erb's palsy attorney successfully procures a settlement, you may receive compensation for:

• Medical expenses: Costs of corrective surgery, physical therapy, rehabilitation, specialized equipment, and ongoing medical care.
• Home and vehicle modifications: Changes needed to accommodate your child's physical needs.
• Pain and suffering: Compensation for the physical pain and emotional distress experienced by your child.
• Loss of future earning capacity: Funds to offset potential limitations on your child's future ability to work.
• Parental lost wages: Compensation for time missed from work to take your child to appointments or care for them during recovery.
• Punitive damages: Additional compensation in cases of extreme negligence to deter similar conduct.

At Jacob Fuchsberg Law Firm, we work with economic experts to calculate the full lifetime costs associated with your child's injury, ensuring that any settlement or verdict provides for their long-term needs. We handle all Erb's palsy cases on a contingency fee basis, meaning you pay nothing unless we secure compensation for your family.

New York Statute of Limitations for Erb's Palsy Claims

In New York, the statute of limitations for medical malpractice cases, including Erb's palsy claims, is generally two and a half years from the date of the negligent act (the delivery). However, several important exceptions and considerations apply to birth injury cases: New York Civil Practice Law and Rules (CPLR) § 214-A.

Special Rules for Minors

• With minors, the statute of limitations can be tolled (paused) until the child turns 18.
• However, with injuries sustained during the birthing process, a lawsuit on behalf of the injured child must still be filed before the child turns 10 years old.
• This extension gives families time to understand the full extent of their child's injury.

Evidence Preservation Concerns

• Medical records may not always document shoulder dystocia or delivery complications.
• Evidence deteriorates over time and healthcare providers' memories fade.
• Early investigation is critical for building a strong claim.
• Preserve all records related to pregnancy, delivery, and subsequent pediatric care.

Additional Requirements

• For births at public hospitals, special notice requirements may apply.
• Some notices must be filed within 90 days of the injury.
• Different rules may apply depending on the type of healthcare facility.

Failing to file within the appropriate timeframe could permanently bar your right to compensation, regardless of the severity of the medical negligence. It's essential to consult with our attorneys as soon as possible to protect your child's legal rights.