Erb's palsy affects 1 to 2 of every 1,000 babies born each year in the United States. It's a birth injury caused by a stretching or tearing of the brachial plexus, the system of nerves from the spinal cord to the arms and hands. An infant with Erb's palsy may be partially or completely unable to move his or her arm, or may be able to move just the fingers. The attorneys of The Berkowitz Law Firm have a significant amount of experience helping families of children born with Erb's palsy due to medical malpractice or negligence.
Erb's palsy usually occurs during birth; for example, when:
There are four general kinds of nerve injuries, and a baby may suffer more than one type in a single injury:
1. An "avulsion," when a nerve is torn from the spinal cord. This is the most serious type of nerve injury, and it may not be possible to repair an avulsion. In some cases, a nerve from another of the baby's muscles may be transplanted to restore some of the nerve's function.
2. A stretch injury that tears apart (ruptures) the nerve itself. A ruptured nerve will not heal on its own.
3. A stretch injury that damages some of the nerve fibers. This may result in scar tissue that presses on the remaining healthy nerve (a "neuroma").
4. A neurapraxia: A stretch injury that "shocks," but doesn't tear, the nerve. These nerve injuries usually heal on their own within a few months.
Erb's palsy may be caused by a mistake or negligence on the part of the obstetrician, midwife, or other healthcare staff responsible for a baby's delivery. A failure to recognize the risk factors or to respond to them in time, or the delegation of a delivery procedure to inexperienced junior staff may be the direct cause of this type of birth injury. If you suspect that your baby's Erb's palsy was caused by some form of medical malpractice, we can discuss your case with you and tell you about your options.
Contact a Berkowitz Law Firm erbs palsy attorney in Stamford, Connecticut or Danbury, Connecticut today.
Russ Berkowitz has recently recovered $810,000.00 against a local high school and its school administrators and coaches on behalf of a high school student who sustained a fractured neck during an unsupervised, after school, off-season wrestling practice in the school’s gymnasium.
$2,450,000.00 total award against a hospital for its failure to properly restrain a hospital psychiatric patient who jumped out of a hospital window and fell three stories sustaining a permanent brain injury. Eric Blomberg and Russ Berkowitz represented the plaintiff.
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$4,750,000.00 medical malpractice award on behalf of a child who sustained brain damage as a result of a hospital's negligent airway management.
$9,000,000.00 medical malpractice recovery against an obstetrician and a hospital whose failure to timely deliver the infant plaintiff, despite signs of fetal distress, left her severely brain damaged.
$6,100,000.00 settlement against a hospital and two physicians on behalf of a client who sustained permanent paralysis.
Joanne Sheehan recently settled a medical malpractice case for $1,800,000.00 against an optometrist who caused a female plaintiff to sustain permanent vision loss in both eyes following the improper administration of ophthalmic steroids despite said optometrist's knowledge of the plaintiff's history of steroid induced eye pressure.
$4,000,000.00 medical malpractice verdict
$2,600,000.00 wrongful death verdict
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