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Erb’s Palsy Lawyer in Indianapolis, IN

Were You or a Loved One Diagnosed with Erb’s Palsy? 

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Erb’s palsy is a form of brachial plexus injury that may seriously disrupt a child’s development and long-term well-being. At Powless Law, our Indiana birth injury attorneys recognize the complex medical and legal challenges families face after this type of injury. This guide provides parents and guardians with a clear overview of Erb’s palsy symptoms and the importance of proactive legal support when appropriate. 

If your child suffered a birth injury due to medical negligence, filing a lawsuit can help your family secure the compensation and the justice that you deserve. Working with an experienced Erb’s palsy lawyer can not only bring peace of mind, but also financial compensation for medical bills and other costs associated with your child’s birth injury.

Contact the Erb’s Palsy attorneys at Powless Law Firm for a free case review: 877-769-5377.

What is Erb’s Palsy?

Erb’s palsy, also known medically as Erb-Duchenne paralysis, affects the network of nerves controlling movement and sensation in the shoulder and arm. This injury can leave infants with muscle weakness, limited mobility, or even paralysis on the affected side. Most commonly, damage happens during childbirth when the nerves linking the spinal cord to the arm and hand are stretched or torn. While some children recover with therapy, others may face lifelong challenges.

How Erb’s Palsy Occurs

Erb’s palsy is often caused by trauma, such as excessive stretching of the baby’s head and neck during delivery. These birth injuries can arise from preventable mistakes, sometimes as a result of improper care by medical professionals. The effects of a brachial plexus injury are profound and may require ongoing treatment.

The most common causes of Erb’s Palsy are:

  • Incorrect Management of Shoulder Dystocia. If a baby’s shoulder becomes lodged behind the mother’s pubic bone, using too much force during delivery can overstretch or damage the brachial plexus nerves.
  • Delayed Cesarean Delivery. Failing to perform a C-section promptly in high-risk births, such as when risk factors like fetal size are ignored, heightens the risk of severe nerve injuries and may constitute medical negligence.
  • Improper Use of Delivery Tools. Incorrectly applying forceps or vacuum extractors can exert dangerous pressure on a newborn’s neck and shoulders. This may cause scarring, nerve injury, or permanent damage to the child.
  • Excess Force During Breech Birth. Pulling forcefully on a baby’s arms or neck during breech delivery can stretch or tear the brachial plexus nerves, leading to lasting complications.

Regardless of the mechanism of medical negligence, victims of Erb’s Palsy have the right to pursue compensation for their injuries. Call Powless Law Firm at 877-769-5377 to begin the process.

“Does my child have Erb’s Palsy?”

Only a healthcare provider can confirm a diagnosis, but parents and caregivers should watch for these signs:

  • Limited movement in one arm. A newborn may show restricted movement in one arm, especially at the shoulder or elbow. This can range from a slight decrease in mobility to complete inability to move the arm.
  • Unusual positioning of the affected arm, wrist, or hand. The affected limb may hang limp at the baby’s side or be held in an odd position, such as the classic “waiter’s tip” posture, where the arm is rotated inward, the elbow is extended, and the wrist and fingers are bent or appear limp.
  • Reduced grip strength. Infants may grip objects noticeably weaker in the affected hand. As babies develop their ability to grasp, this difference may become easier to identify.
  • Weak, delayed, or absent reflexes. The baby may have a reduced or absent startle (Moro) reflex on one side, or respond less to touch on the affected arm during the early months.

A baby does not need to display all these warning signs for Erb’s Palsy to be present; showing even one symptom warrants a medical evaluation. Early detection and treatment can greatly improve potential health outcomes. Speak to an Erb’s Palsy lawyer now to learn about your options: 877-769-5377.

Indianapolis Birth Injury? Here’s how an Experienced  Birth Injury Lawyer Can Help

If your child’s Erb’s palsy was caused by medical negligence, legal action could help your family obtain compensation. Erb’s palsy settlements provide families with compensation to cover the costs of medical care, rehabilitation therapies, and essential assistive devices that support a child’s recovery and daily functioning. In addition, caregivers may qualify to recover lost wages and damages for pain and suffering brought on by the child’s injury or ongoing care needs.

As dedicated birth injury attorneys, Powless Law Firm is committed to guiding families through the legal process and securing the resources necessary for their child’s well-being. Our personal injury law firm handles all types of birth injury claims, including cases involving Erb’s Palsy. We offer free case evaluations and are passionate about seeking accountability for medical mistakes that harm children.

Indiana law typically allows only two (2) years from the date of injury to file a birth injury lawsuit, so timely action is vital. There are important exceptions that may apply, however. Missing Indiana’s statute of limitations could mean losing the opportunity to seek compensation. If you believe your child may have experienced a birth injury, call Powless Law Firm at 877-769-5377 promptly for guidance and to protect your legal rights.

Erb’s Palsy: Frequently Asked Questions

Erb’s Palsy is a birth injury that results from damage to the brachial plexus nerves near the neck, which can lead to weakness or paralysis in a newborn’s shoulder and arm. The brachial plexus is a network of five nerves (roots C5–T1) that link the spinal cord to the shoulder, arm, and hand, providing sensation and enabling movement of these regions. When these nerves are stretched or torn during childbirth, it can result in a condition called brachial plexus palsy. 

Erb’s palsy is the most common form of brachial plexus injury; it involves trauma to the upper nerves within the plexus. The term “palsy” refers to partial or total loss of muscle function, meaning the child may experience either weakness or paralysis in the affected arm.

Erb’s Palsy in infants is primarily caused by injury to the brachial plexus nerves during childbirth. The most frequent scenario occurs when a baby’s neck is stretched too far to the side, especially if the shoulder becomes stuck behind the mother’s pelvic bone (shoulder dystocia). 

Medical maneuvers to assist with delivery, such as pulling on the baby’s head, excessive force during breech births, or misuse of tools like forceps or vacuum extractors, can stretch, compress, or even tear these delicate nerves, resulting in weakness or loss of function in the affected arm. While Erb’s Palsy can sometimes occur spontaneously, many cases are preventable through proper medical care, and in some instances, medical negligence is to blame for the nerve damage.

The primary signs include limited movement or paralysis in one arm, a limp or an abnormally positioned arm (sometimes referred to as the “waiter’s tip” position), decreased muscle control, a weak grip, and reduced sensation in the affected limb. An infant needs to evince only one symptom to be diagnosed with Erb’s Palsy.

Yes, many instances of Erb’s Palsy can be treated with proper care. Treatment most often begins with physical and occupational therapy, which aims to restore movement, strengthen muscles, and prevent joint stiffness in the affected arm. Continuous therapy helps maintain flexibility and functional use of the arm over time. The more severe forms of Erb’s Palsy may require ongoing therapy to achieve the best possible outcome.

If a child’s arm function does not improve after several months of therapy, surgical options such as nerve grafts, nerve transfers, or tendon transfer procedures may help. Additional treatments, such as medications or injections, may provide symptom relief or support muscle flexibility. Early intervention greatly improves the chances of recovery.

While Erb’s Palsy is not life-threatening, some children may have lifelong disability or weakness in the affected arm. The long-term outcome depends on how much the nerves are stretched or torn, as well as whether early treatment is administered. If left undiagnosed and untreated, Erb’s Palsy can lead to permanent weakness, muscle atrophy, limited range of motion, and permanent loss of function in the affected arm.

Speak to an Erb’s Palsy Lawyer in Indianapolis, IN

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