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We have extensive experience in this area of law and are acutely aware of the many challenges a child faces who has this devastating injury.
Typically, Erb’s Palsy is caused by excessive lateral traction on the part of the delivering obstetrician. It is an entirely avoidable injury if appropriate maneuvers and obstetrical technique are followed.
A qualified obstetrician can make reasonable estimates as to the size of the baby and can take appropriate measures to plan in advance a healthy and safe delivery. Caesarean sections are often required if the size of the child is too large to be safely delivered. In many cases where the child is too large the nurses and doctors must perform a series of maneuvers to dislodge the infant’s shoulder from the mother’s pubic bone. Some maneuvers, like the McRobert’s maneuver and delivery of the posterior arm, may not be performed and may be the cause of your child’s injury. Some cases of Erb’s Palsy will resolve completely over a period of months; and, in other cases, approximately 20% of the time, the child’s symptoms may be permanent or worsen .
Brachial plexus nerve injuries can occur during a delivery as a result of medical malpractice. For example, it can occur if an obstetrician uses excessive lateral traction on the infant’s head and neck while attempting to resolve a shoulder dystocia. The brachial plexus nerves can be injured if the baby’s neck and head are pulled forcefully outward or to the side. Pulling excessively on the head or neck as the baby delivers can lead to a brachial nerve injury causing permanent Erb’s Palsy.
We have obtained numerous recoveries for children with Erb’s Palsy. Past and future medical expenses as well as lost wages are recoverable in this kind of case.
Should you, or a loved one, require the services of attorneys who for many years have successfully handled these type of cases, please feel free to call our office at (312) 977–9900.