What We Do > Erb's Palsy Cases
Erbs palsy (sometimes known as "branchial plexus palsy") is a disorder that prevents its victim from having full and free use of their arm and sometimes their hand, as well. Most victims of Erbs palsy have suffered a birth injury to the nerves in their brachial plexus. Many of these birth injuries have been caused by medical errors during the delivery of the newborn baby such as excessive pulling of the baby‘s head in order to resolve an impaction of the shoulders, often called a shoulder dystocia.
What is Erbs palsy?
Erbs palsy impacts the nerves that control the arm and hand muscles. These nerves (the brachial plexus) run along from the brain through to the spinal cord and over the shoulder to the arms, wrists, and hands. Since the brain uses the nerves to transfer messages to the extremities regarding movement, etc., damaging this communication passageway can have lifelong consequences to the child.
A brain injury during the birth process can result in damage to the brachial plexus nerves and result in lack of muscle control in the arm, or a numbness of the arm and hand. This type of condition is known as Erbs palsy.
How does it happen?
During a birth the baby's shoulders can become stuck behind the pelvis bone. This is known as shoulder dystocia. The safe manner to release your impacted shoulder is to use certain tested and proven medical maneuvers. However, healthcare providers often "panic" and instead apply "excessive" pulling to the back of the head in an attempt to relieve the impaction and often cause the nerves, neck and shoulder to tear as it leads to an erb's palsy or brachial plexus injury.
Children with Erbs palsy may have permanent loss of the use of their arm and hand.
There are several ways that medical error can result in an Erbs palsy birth injury. They include:
- avulsion, where the nerve is torn away from the spine;
- rupture, where the brachial plexus nerve is torn at any other point;
- praxis (stretch), where the nerve is damaged but untorn; and
- neuroma, where scar tissue from an injury has formed that stops the brain signals from passing through the nerve.
What are the remedies for parents whose baby has Erbs Palsy?
Legal action can be taken by the parents of a baby who suffers from Erbs Palsy, but an experienced Erbs Palsy personal injury attorney will be needed to evaluate their case.
Our attorneys at Diez-Arguelles & Tejedor are experienced in reviewing prenatal, delivery, and newborn medical records along with experienced and credentialed medical professionals who serve as their consulting experts. Together, we can determine the bases for a law suit as well as the likely defenses that will be asserted by the medical professionals. With proper documentation and expert support, parents can sue those responsible for their child's Erbs Palsy and potentially obtain monetary damages that can serve to cover the long term and expensive costs of medical care and treatment that their baby will need. Additional monetary damages may be available for the parents' own personal losses, as well.
If your child has been diagnosed with Erbs Palsy there is a legal deadline for filing these lawsuits, so call NOW toll free 1-888-888-3773. The consultation and call are FREE.