Erb’s palsy is a birth injury that occurs when the brachial plexus, the network of nerves connecting the spinal cord to the shoulder, arm, and hand, is damaged during delivery. The condition can affect movement, sensation, and strength in the affected arm, with outcomes ranging from partial recovery to lasting impairment. When it results from errors by medical professionals during a difficult delivery, families in Pennsylvania may have grounds to pursue a birth injury claim.Â
Kline & Specter handles these cases across Pennsylvania, with a team that includes five full-time doctor-lawyers, among them two OB/GYNs, whose clinical background is directly relevant to birth injury litigation. Individuals with questions about a potential claim may contact the firm for a confidential evaluation.
What is Erb’s Palsy?
Erb's palsy is a condition caused by damage to the brachial plexus, a network of nerves originating near the neck that connects the spinal cord to the nerves controlling the shoulder, arm, hand, and fingers. When these nerves are stretched, compressed, or torn during birth, the result can be weakness, reduced sensation, or paralysis in the affected arm. The condition is sometimes referred to as brachial plexus birth palsy.
Milder cases involve stretching without tearing and may improve with therapy over time. More serious injuries like partial or complete nerve tears, avulsion of the nerve root from the spinal cord, compressive scar tissue that forms during healing, or other structural damage to the nerve pathway are less likely to resolve without surgical intervention and may produce lasting functional limitations. Between one and two infants per thousand will experience a brachial plexus injury at birth.
What Are the Common Causes of Erb’s Palsy?
The most common cause of Erb's palsy is shoulder dystocia, a complication in which the baby's head is delivered, but one shoulder becomes stuck behind the mother's pelvic bones. This creates an emergency that requires immediate, careful management. When providers apply excessive traction on the baby's head and neck to free the shoulder, the brachial plexus nerves can be stretched or torn. Circumstances that can lead to Erb's palsy include pulling on the baby's head and neck as the shoulders pass through the birth canal, pressure on raised arms during a breech delivery, or improper use of a vacuum extractor or forceps.
Other contributing factors include:
- Larger-than-average fetal size
- Gestational diabetes in the mother
- Small maternal frame or pelvic abnormalities
- Prolonged or difficult labor
- Prior history of shoulder dystocia
Medical professionals are expected to identify these risk factors and adapt their delivery approach accordingly. Failing to do so or applying excessive force during a complicated delivery may constitute medical negligence.
What Are the Signs and Symptoms of Erb’s Palsy?
Because Erb’s palsy is a birth injury, some signs may be apparent shortly after delivery, but the full extent of the injury may not be clear for several months. Observable signs in the affected arm may include weakness or limpness, reduced spontaneous movement, an inward rotation of the arm, and absent or diminished grip strength. In more serious cases, there may be loss of sensation or complete paralysis.
The long-term effects of Erb’s palsy depend on the severity of the nerve damage. Less severe cases may resolve with physical therapy over a period of months. More serious injuries may require surgery and produce lasting impairment, including slowed development and reduced motor function in the affected limb. In some instances, children experience permanent functional loss.
How a Pennsylvania Erb’s Palsy Lawyer Can Help Your Family
Erb’s palsy cases involving medical negligence require a thorough review of medical records, delivery documentation, applicable standards of care, and the long-term consequences of the injury. At Kline & Specter, the firm’s Pennsylvania Erb’s palsy lawyers include five full-time doctor-lawyers, more than any other law firm in the United States, creating a basis for detailed, medically grounded case evaluation. The presence of two OB/GYN physicians on staff means that delivery-related claims are reviewed by experts with direct clinical experience in obstetric care and complicated deliveries.
Representation is provided on a contingency fee basis, meaning legal fees are paid only if a recovery is obtained. Individuals with questions about a potential Pennsylvania Erb’s palsy claim may reach out to the firm through our contact page for a free, confidential evaluation with no obligation.
How Erb’s Palsy Medical Malpractice Cases Are Proven in Pennsylvania
Establishing a medical malpractice claim in Pennsylvania requires demonstrating specific legal elements. There must be a physician-patient relationship establishing a duty of care, the provider's conduct must have fallen below the accepted standard of care, that deviation must have directly caused the injury, and the injury must have resulted in measurable harm.
Pennsylvania law also requires that a Certificate of Merit signed by a qualified licensed professional be filed before a case can proceed. Medical records and expert analysis are central to this process. Not every difficult delivery that results in Erb's palsy constitutes malpractice, and a viable claim requires a clear connection between a departure from accepted standards and the resulting injury. Each case is fact-specific, and outcomes depend on the circumstances involved.
What Compensation Is Available in Pennsylvania Erb’s Palsy Lawsuits?
Compensation in a successful Erb’s palsy lawsuit may include both economic and non-economic damages. Economic damages cover quantifiable financial losses: past and future medical expenses, therapy costs, surgical expenses, assistive devices, and lost future earning capacity. In cases involving ongoing impairment, projected long-term care costs are a primary consideration.
Non-economic damages address harm such as pain and suffering, loss of enjoyment of life, and emotional distress. Pennsylvania does not impose a cap on damages in medical malpractice cases. The amount recoverable depends on the specific facts and the evidence presented at trial or in settlement.
How Long Do You Have to File an Erb’s Palsy Lawsuit in Pennsylvania?
Pennsylvania’s statute of limitations for medical malpractice generally requires that a case be filed within two years, typically beginning when the injury occurs or when the family reasonably should have discovered it. Cases involving minors are subject to different rules, and a claim for a minor in Pennsylvania affected by medical malpractice may typically be brought until age 20. Certain legal timelines and requirements may apply depending on the specific facts of the case.
Given the time required to gather medical records, secure expert opinions, and prepare a case, prompt legal consultation is advisable for families who believe their child’s Erb’s palsy may have resulted from negligent care.
Why Families Choose Kline & Specter for Erb’s Palsy Cases
Kline & Specter maintains a staff of five full-time doctor-lawyers, more than any other law firm in the United States. Two of those physicians are OB/GYNs, giving the firm direct clinical expertise in the delivery-room decisions and obstetric standards that are central to cases of Erb’s palsy. This medical depth informs how cases are evaluated and how technical evidence is prepared for presentation.
The firm has handled many Erb's palsy cases with broad experience in Pennsylvania medical malpractice across birth injury and diagnostic failure matters. Cases are evaluated individually to determine whether the facts support a viable claim. Representation is on a contingency fee basis, meaning no legal fees unless a recovery is obtained. The firm handles cases in Pennsylvania, New Jersey, Delaware, and New York, and works with local counsel elsewhere as applicable.
Contact Our Pennsylvania Erb’s Palsy Lawyers for a Free Consultation
Families who believe their child’s Erb’s palsy may have resulted from negligent care during delivery are encouraged to contact Kline & Specter today to schedule a free consultation. Our Pennsylvania Erb’s palsy lawyers offer confidential evaluations with no obligation.Â
Contact us online or call 800-243-1100 to speak with a member of our legal team.
