San Diego California Erb’s Palsy Lawyer

Erb’s palsy is a birth injury caused by damage to the brachial plexus nerves, which control movement and sensation in the shoulder, arm, and hand. This injury typically occurs during difficult deliveries, particularly when medical professionals use excessive force or improper techniques. In many cases, Erb’s palsy is preventable with proper care and attention during labor and delivery.

If your child has been diagnosed with Erb’s palsy due to medical negligence, you may be entitled to compensation for medical expenses, therapy, and long-term care. An experienced San Diego Erb’s palsy lawyer can help you hold negligent healthcare providers accountable and secure the justice your family deserves.

What Is Erb’s Palsy?

Erb’s palsy is a form of brachial plexus injury that occurs when the nerves in the shoulder area are stretched or torn during birth. This can result in weakness, loss of sensation, or paralysis in the affected arm. The severity of Erb’s palsy can range from mild, with temporary symptoms, to severe, with permanent disability.

Types of Brachial Plexus Injuries

Neurapraxia – The nerve is stretched but not torn; typically resolves on its own.
Neuroma – Scar tissue forms around a damaged nerve, causing partial recovery with lingering weakness.
Rupture – The nerve is torn but not at the spinal cord; surgery may be required.
Avulsion – The nerve is torn from the spinal cord; the most severe form, often resulting in permanent damage.

Common Causes of Erb’s Palsy

Erb’s palsy is often caused by excessive force or improper techniques during delivery. Common causes include:

Shoulder dystocia – When the baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery.
Improper use of delivery tools – Misuse of forceps or vacuum extractors can cause nerve damage.
Excessive pulling or twisting of the baby’s head or shoulders – To expedite delivery in difficult situations.
Failure to recommend a C-section – When the baby is too large for a vaginal delivery or if complications arise.
Prolonged labor – Increasing the risk of nerve injuries due to physical stress on the baby.

A San Diego Erb’s palsy lawyer will investigate the circumstances of your child’s birth to determine whether medical negligence played a role in the injury.

Symptoms and Diagnosis of Erb’s Palsy

The symptoms of Erb’s palsy can vary depending on the severity of the injury. Common signs include:

Weakness or lack of movement in one arm
Loss of sensation in the shoulder, arm, or hand
Arm held close to the body with the elbow bent
Limited grip strength in the affected hand
Muscle atrophy – Shrinking or weakening of the muscles over time

A diagnosis of Erb’s palsy is typically made through physical examination and imaging tests, such as MRI or electromyography (EMG), to assess nerve damage.

Long-Term Complications of Erb’s Palsy

While some cases of Erb’s palsy resolve with physical therapy and time, others can result in permanent disability. Long-term complications may include:

Chronic pain and weakness
Loss of muscle function
Limited range of motion
Deformities of the arm or shoulder
Developmental delays – Due to reduced use of the affected limb

If your child has experienced lasting effects from Erb’s palsy, a San Diego Erb’s palsy lawyer can help you pursue compensation for ongoing care and support.

Compensation Available in an Erb’s Palsy Lawsuit

Families affected by Erb’s palsy may be entitled to significant compensation to cover the financial and emotional impact of the injury. Potential damages include:

Economic Damages

Medical expenses – Past and future costs for surgeries, physical therapy, and rehabilitation.
Assistive devices and adaptive equipment – Braces, splints, and wheelchairs.
Special education services – For children with developmental delays.
Lost wages and reduced earning capacity – For parents who must reduce work hours or leave their jobs to care for their child.

Non-Economic Damages

Pain and suffering – Physical pain and emotional trauma caused by the injury.
Emotional distress – Anxiety, depression, and stress related to your child’s condition.
Loss of enjoyment of life – Reduced quality of life for both the child and family.

Punitive Damages

In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter future misconduct.

How a San Diego Erb’s Palsy Lawyer Can Help

Filing an Erb’s palsy lawsuit requires legal expertise and access to medical professionals who can provide testimony on your behalf. An experienced San Diego Erb’s palsy lawyer can:

Investigate your case and determine whether medical negligence occurred.
Consult with medical experts to assess your child’s condition and its cause.
Gather evidence, including medical records, delivery room reports, and witness statements.
Negotiate with insurance companies for a fair settlement.
Represent you in court if necessary to secure maximum compensation.

With a skilled attorney on your side, you can focus on caring for your child while they handle the legal process.

California’s Statute of Limitations for Erb’s Palsy Lawsuits

California law imposes strict deadlines for filing birth injury claims:

Three years from the date of injury.
One year from the discovery of the injury.
For minors, the statute of limitations may be extended until the child’s eighth birthday in certain cases.

Failing to meet these deadlines can bar you from seeking compensation, so it’s essential to contact a San Diego Erb’s palsy lawyer as soon as possible.

Recent Erb’s Palsy Settlements in California

Several high-profile Erb’s palsy cases in California have resulted in multi-million-dollar settlements, including:

$10.5 million for a child who suffered permanent nerve damage due to shoulder dystocia.
$8.3 million for a baby injured during forceps-assisted delivery.
$6.9 million for a family whose child experienced severe brachial plexus injuries and required multiple surgeries.

These settlements demonstrate the importance of strong legal representation in securing fair compensation.

Why Choose The Law Office of Melinda J. Helbock?

At The Law Office of Melinda J. Helbock, we are dedicated to helping families affected by Erb’s palsy recover the compensation they deserve. We offer:

Decades of experience handling birth injury and medical malpractice cases.
Access to top medical experts to support your case.
Personalized legal strategies tailored to your family’s unique needs.
Aggressive representation to fight for maximum compensation.

Contact a San Diego Erb’s Palsy Lawyer Today

If your child has been diagnosed with Erb’s palsy due to medical negligence, you don’t have to face this journey alone. A San Diego Erb’s palsy lawyer can help you hold negligent healthcare providers accountable and secure the compensation your family needs for your child’s future.

Contact us today for a free consultation, and let us help you take the first step toward justice.

References

Centers for Disease Control and Prevention. (2024). Brachial Plexus Birth Injuries and Treatment Options. Retrieved from https://www.cdc.gov
National Institutes of Health. (2024). Erb’s Palsy and Shoulder Dystocia Complications. Retrieved from https://www.nih.gov
California Department of Public Health. (2024). Guidelines for Birth Injury Prevention and Neonatal Care. Retrieved from https://www.cdph.ca.gov