Erb’s Palsy Lawyers in Phoenix

A form of a brachial plexus injury, Erb’s palsy is a specific upper arm injury suffered by a child during or shortly after birth. Just as with brachial plexus and other forms of birth injuries, Erb’s palsy is commonly caused by medical malpractice.

When the proper steps are taken during delivery, this medical condition can be entirely avoided. When they are not, the odds of it occurring greatly increase.

If your child was born with Erb’s palsy and you suspect a doctor’s mistake is to blame, then come to Cullan & Cullan. Our law firm was established by Dr. Dan Cullan, one of the country's first doctor-lawyers. We proudly continue his tradition as a team of doctor-lawyers ourselves. With our medical expertise and legal backgrounds, we should be your first and only choice for legal representation for your birth injury case.

To schedule a FREE consultation with our Phoenix Erb's palsy attorneys, call (602) 900-9483.

What Is Erb's Palsy?

Erb’s palsy is a form of brachial plexus injury, which occurs when the nerves in the upper arm are damaged during birth. The brachial plexus is a network of nerves near the neck that controls the muscles of the shoulder, arm, and hand.

When these nerves are stretched or torn during delivery, it can result in weakness, loss of sensation, or paralysis in the affected arm. The severity of Erb’s palsy can vary depending on the extent of the nerve damage:

• Neurapraxia (mild stretch injury): The nerve is stretched but not torn, and recovery may happen naturally over time.
• Neuroma: The nerve is injured, and scar tissue forms, which can interfere with nerve function.
• Rupture: The nerve is torn but not at the spinal cord, requiring more complex medical intervention.
• Avulsion (severe): The nerve is completely torn from the spinal cord, often resulting in permanent damage and requiring surgery.

Causes of Erb’s Palsy

Erb’s palsy typically occurs during difficult or complicated deliveries, often due to excessive pulling on the baby’s head, neck, or shoulders as they pass through the birth canal. Some common causes of Erb’s palsy include:

• Shoulder dystocia: This occurs when the baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery. Doctors may use excessive force to free the baby, causing damage to the brachial plexus nerves.
• Improper use of delivery tools: The improper use of forceps or vacuum extractors to assist in delivery can cause undue pressure on the baby’s neck and shoulders, leading to nerve injuries.
• Prolonged or difficult labor: When labor is difficult or prolonged, doctors may attempt to speed up the delivery, which can increase the risk of birth injuries.
• Large baby size (macrosomia): Babies who are larger than average may have a higher risk of shoulder dystocia, increasing the likelihood of Erb’s palsy.
• Breech delivery: Babies delivered in the breech position (feet-first) are more likely to suffer injuries to the brachial plexus.

In many cases, Erb’s palsy can be prevented with proper medical care and careful monitoring during labor. If the medical team fails to take appropriate precautions, such as performing a timely C-section when necessary, their negligence could be responsible for your child’s injury.

Complications Caused by Erb’s Palsy

Birth injuries like Erb’s palsy can range from moderate to severe and can be long-lasting or permanent. Since Erb’s palsy is caused by harm to the tendons and nerves of a newborn’s shoulder and neck, it is likely the injury will be severe and permanent.

As such, compensation owed to you and your child needs to consider harm and damages already suffered, and what will be experienced well into the future.

Symptoms of Erb’s palsy may include:

• Paralysis: The arm affected by Erb’s palsy may be completely paralyzed from the injury. Partial paralysis may also occur.
• Chronic pain: Children born with Erb’s palsy often report feeling pain, soreness, or uncomfortable numbness at all times in the affected region.
• Growth atrophy: An arm afflicted by Erb’s palsy may experience muscular atrophy that stunts its growth. The result may be your child has two differently-sized arms, contributing to discomfort and causing social anxieties later in life.

Legal Options for Families in Arizona

If your child has been diagnosed with Erb’s palsy and you believe it was caused by medical negligence, you may have the right to pursue compensation through a medical malpractice lawsuit. At Cullan & Cullan, our goal is to help you hold the responsible medical professionals or hospital accountable for their actions and to recover financial compensation to cover the costs associated with your child’s injury.

By filing a lawsuit, you may be able to recover compensation for:

• Medical expenses: This includes both past and future costs related to surgeries, physical therapy, rehabilitation, and any ongoing medical care your child may need.
• Pain and suffering: Compensation for the physical pain and emotional distress your child experiences as a result of the injury.
• Future lost wages: If your child’s Erb’s palsy results in a permanent disability that affects their ability to work in the future, you may be entitled to compensation for lost earning potential.
• Assistive devices and modifications: Costs for any necessary adaptive equipment or modifications to your home to accommodate your child’s needs.

It’s important to recognize that the cost of treating Erb’s palsy can be significant, especially if the injury results in long-term or permanent disability. In such cases, families may face years of medical expenses, rehabilitation, and therapy. This is why you need a strong legal advocate in your corner.

Call Cullan & Cullan Now for Insightful Representation

With our background as medical doctors, our Phoenix Erb’s palsy lawyers are ready to elevate your claim to the next level. The medical providers who have caused your child harm will try to do everything they can to avoid liability, knowing that the compensation you are owed may range into the millions. We can pursue them at every step, pushing your case forward with tenacity and confidence. When a case cannot be fairly settled out of court, we do not hesitate to bring things to litigation, either.

Let us hear your story today. Call (602) 900-9483 or fill out a contact form to get started on your case.