When a child is born with a preventable nerve injury, the financial and emotional weight placed on a family can feel impossible to carry. Erb’s palsy, a brachial plexus injury that affects the nerves controlling movement in the shoulder and arm, is often the direct result of excessive force applied during delivery. Families who face this diagnosis deserve to understand what their legal claim may be worth and what factors shape that number.
At Wagner Reese LLP, we have spent nearly three decades representing families across Indiana and beyond who have been affected by preventable birth injuries. We understand how overwhelming it is to navigate medical appointments, therapy schedules, and legal questions all at once, and we are here to shoulder the legal burden so families can focus on what matters most.
What Is Erb’s Palsy and Why Does It Happen?
Erb’s palsy occurs when the upper trunk of the brachial plexus, specifically the C5 and C6 cervical nerves, is damaged during childbirth. According to the National Institutes of Health, Erb’s palsy is among the most common neurological birth injuries, typically caused by excessive lateral traction on a newborn’s head or neck during a difficult delivery.
How Medical Negligence Plays a Role
Complications like shoulder dystocia present foreseeable risks during delivery. When a medical provider fails to recognize those risks, uses improper delivery techniques, or neglects standard protocols for managing a complicated labor, the resulting injury may constitute medical malpractice. Establishing negligence is a critical first step in determining whether a family is entitled to compensation.
What Types of Damages Are Available in an Erb’s Palsy Claim?
Compensation in an Erb’s palsy case can encompass several categories of damages, and the total value of a claim depends heavily on the child’s long-term prognosis. Families should understand the full scope of what they may be entitled to recover before accepting any offer or settlement.
Economic Damages
Economic damages are the quantifiable financial losses tied to the injury. These typically include past and future medical expenses such as surgical intervention, physical therapy, occupational therapy, and adaptive devices. If the child’s injury leads to permanent limitations, economic damages may also account for lost earning capacity in adulthood.
Non-Economic Damages
Non-economic damages account for the pain, suffering, and diminished quality of life that accompany a serious birth injury. For a child born with brachial plexus damage, these damages reflect the lifelong physical and emotional impact of impaired arm function, including challenges with daily activities, social development, and independence. Indiana does not currently cap non-economic damages in birth injury malpractice cases the way some other states do, which can significantly affect the value of a claim.
What Factors Affect the Value of an Erb’s Palsy Settlement?
No two Erb’s palsy claims are identical, and a wide range of variables influences what a family may ultimately recover. Severity of the injury is among the most important considerations. A child with neuropraxia, the mildest form of brachial plexus injury, may recover fully with conservative treatment, while a child with a complete nerve avulsion may face permanent disability requiring lifelong care. Claims involving more severe and permanent injuries tend to yield higher compensation.
The strength of the evidence of negligence, the quality of expert medical testimony, and the jurisdiction where the case is filed also play meaningful roles. Cases involving clear deviations from the standard of care, such as improper use of forceps or failure to order a timely cesarean section, are generally stronger on liability. Families in Indiana should also be aware that the statute of limitations for filing a medical malpractice claim differs for minor children, and consulting an attorney promptly preserves all available legal options. Related conditions such as Klumpke’s palsy, can also affect the complexity and value of a claim when multiple nerve roots are involved. You can learn more about how delivery complications connect to these injuries by reading our blog on Erb’s palsy caused during pregnancy.
Contact Wagner Reese LLP for Help With Your Erb’s Palsy Claim
If your child was diagnosed with Erb’s palsy and you believe a medical provider’s error was responsible, you deserve an honest evaluation of your legal options. We take the time to investigate every detail of each case, work with respected medical professionals to build the strongest possible claim, and fight to recover the full compensation your family is owed.
To speak with a member of our team, please contact us today. We serve families throughout Indiana, including Indianapolis, Fort Wayne, Evansville, and beyond, and we are ready to help you understand what your Erb’s palsy claim may be worth.
