Erb's Palsy | Birth Injury

Cincinnati Erb’s Palsy Lawyer

Investigating birth injury & maternal injury cases nationwide

Erb’s Palsy is a life-altering condition that often stems from preventable delivery errors. Families in Ohio coping with this injury should know they have legal rights and may be entitled to compensation. By holding negligent providers accountable, families not only secure resources for their child’s future but also encourage higher standards of care across the healthcare system.

The Lyon Firm stands ready to support families through every step, from investigation to courtroom representation, ensuring that your child’s future is protected.

Understanding Erb’s Palsy

Erb’s Palsy is a serious birth injury that impacts the brachial plexus—the bundle of nerves in the shoulder responsible for controlling movement and sensation in the arm and hand. When these nerves are stretched, torn, or otherwise damaged during childbirth, a newborn may experience partial or total paralysis of the arm.

In many cases, Erb’s Palsy develops because of complications during delivery, such as shoulder dystocia, improper use of forceps or vacuum devices, or excessive pulling on the infant’s head, neck, or shoulders. While some infants recover with therapy, others may live with long-term or permanent impairments that affect their ability to use one arm.

In Ohio, families coping with this condition may be entitled to pursue compensation through medical malpractice claims if the injury was the result of negligent medical care.

One or two of every 1,000 babies suffer from Erb’s palsy, a form of brachial plexus palsy. The brachial plexus is a network of nerves near the child’s neck that give rise to nerves in the arm, providing movement and feeling to the shoulder, arm, hand, and fingers.

The condition of brachial plexus birth palsy causes arm weakness and a loss of motion. Potential causes for this kind of birth trauma can include:

• Infant’s neck stretched to the side during delivery
• Shoulder dystocia—the baby’s shoulder gets stuck on the mother’s pelvic bone during delivery
• A physician pulling too hard on a baby’s head, causing excessive strain on the baby’s shoulder and brachial plexus nerves
• Excessive force—nursing or doctor negligence
• Improper use of forceps or vacuum extractors. Forceps and vacuum extractors may risk intracranial hemorrhage
• Breech birth injury—brachial plexus nerves can be injured when the baby’s arms are pulled backward over the head as the delivering physician pulls the newborn by the legs

Joe Lyon is a highly-rated Ohio medical malpractice attorney representing plaintiffs nationwide in a wide variety of hospital negligence and birth injury claims against parties responsible for children born with injuries.

Types of Brachial Plexus Birth Injury

In many cases, brachial plexus Erbs palsy affects the motion of the arm and shoulder and further into the hand and fingers. In most cases only the upper nerves are affected. If both upper and lower nerves are stretched, the condition is more severe and considered a total, brachial plexus birth palsy. Injuries include a loss of feeling and partial or complete paralysis. Four types of brachial plexus nerve injuries include:

• Neurapraxia—nerves are shocked but do not rupture, and are likely to heal in a few months
• Neuroma—Involve damage to nerve fibers resulting in scar tissue that presses on healthy nerves
• Tearing of the nerve—a tear or rupture will require a nerve graft and vary in results
• Avulsion—the most serious type of birth nerve injury and occurs when the nerve is completely torn from the spinal cord

Symptoms & Outlook of Erbs Palsy

The severity of the injury affects both treatment decisions and the extent of recovery possible. Brachial plexus injuries and Erb’s palsy birth injury in newborns usually present with the following symptoms:

• Weakness in one arm
• Loss of feeling in the arm
• Partial or total paralysis of the arm

Because nerves recover very slowly, many children with birth injuries continue to experience weakness in the shoulder, arm, or hand for months or years. Your doctor can discuss various treatment options and make a specific recommendation based on your child’s injury. Treatment may include microsurgery, nerve graft, or nerve transfer.

Negligent hospital management, nurses or doctors may be held liable for Erb’s Palsy and birth trauma injuries, and it is recommended to contact an experienced hospital negligence attorney to review your medical and Medical Negligence.

Causes of Erb’s Palsy

While not every case stems from malpractice, many incidents can be traced to preventable errors in labor and delivery. Common causes include:

• Shoulder Dystocia – When a baby’s shoulder becomes stuck behind the mother’s pelvic bone, prompt and careful medical action is required. Forceful pulling can damage the brachial plexus.
• Excessive Traction – Applying unnecessary force to the baby’s head or arms while trying to deliver can stretch or tear the nerves.
• Improper Use of Delivery Tools – Misuse of vacuum extractors or forceps can lead to serious injuries, including Erb’s Palsy.
• Failure to Anticipate Risk – Physicians should monitor for risk factors such as gestational diabetes, macrosomia (large baby size), or prolonged labor, which increase the likelihood of shoulder dystocia.

Symptoms and Long-Term Effects

The severity of Erb’s Palsy can range widely. Some infants show mild weakness, while others experience near-total paralysis in the affected arm. Typical symptoms include:

• Limited or no movement in one arm
• Weakened grip strength
• Arm bent at the elbow and held against the body
• Numbness or loss of sensation
• Muscle atrophy in the affected arm

While some children recover function within months with physical therapy, others require surgery or live with lifelong disabilities. The long-term effects can include chronic pain, reduced mobility, developmental delays in motor skills, and psychological challenges stemming from physical limitations.

Legal Options for Families

Ohio law recognizes medical malpractice claims when healthcare professionals fail to provide the accepted standard of care, resulting in injury. For families affected by Erb’s Palsy, this may mean pursuing a lawsuit against a physician, nurse, or hospital that contributed to the injury.

Key aspects of Ohio Erb’s Palsy cases include:

• Standard of Care – Plaintiffs must show that the medical team deviated from accepted medical practices during labor or delivery.
• Causation – The injury must be linked directly to that negligence.
• Damages – Families can pursue compensation for medical bills, future care costs, pain and suffering, and loss of quality of life.

Ohio has specific statutes that apply to medical malpractice suits, including strict filing deadlines. Generally, claims must be filed within one year from the date the injury was discovered, though certain exceptions may extend this period. Because these timelines are complex, consulting an Ohio birth injury attorney early is essential.

Compensation in Erb’s Palsy Cases

Successful Erb’s Palsy lawsuits can result in compensation to cover a range of financial and emotional burdens. Possible damages include:

• Current and future medical expenses (including physical therapy and surgery)
• Costs for adaptive devices or mobility aids
• Lost earning potential for the child later in life
• Emotional distress for the child and family
• Loss of enjoyment of life

The value of each case depends on the severity of the injury and the long-term care required. Ohio courts may also consider the impact on the entire family when determining damages.