We’ll look at Erb’s palsy, how this condition in newborns occurs as a result of medical malpractice and medical negligence, and the legal avenues for parents to pursue.
What is Erb’s Palsy?
According to the American Academy of Orthopedic Surgeons (AAOS), 1 out of 1,000 babies is born with Erb’s palsy, also known as Erb-Duchenne palsy.
Erb’s palsy is a birth injury affecting the brachial plexus nerves in the neck, causing weakness or arm paralysis. The condition develops when an infant’s neck is stretched to one side during a difficult delivery.
The brachial plexus is a nerve network that runs along the spine. It gives muscles in the arms, shoulders, elbows, wrists, and hands sensation and control. When these nerves are damaged during childbirth, it can lead to temporary or permanent arm paralysis.
Types of Erb’s Palsy
According to the Cerebral Palsy Guide, there are four types of Erb’s palsy:
Neuropraxia: Occurs when a nerve is stretched but does not tear. Neuropraxia can cause a burning or stinging sensation that usually goes away on its own by the age of three months.
Neuroma: Scar tissue forms as a result of neuromas as it heals from the stretching and puts pressure on the other healthy network of nerves. In most cases, in children with neuroma Erb’s palsy may heal only partially.
Rupture: When the brachial plexus nerve is torn, it ruptures. Ruptures require more intensive medical attention because they do not heal. This injury usually necessitates surgery to reattach the damaged nerve fibers.
Avulsions: The most severe type of nerve injury, avulsions occur when a nerve is completely severed from the spinal cord. Avulsions may result in permanent paralysis or muscle weakness in the affected arm. It can also cause Horner’s syndrome, characterized by difficulty breathing, drooping eyelids, and small pupils. Avulsions can be repaired surgically, but the affected nerve cannot be reattached to the spinal cord.
Causes of Erb’s Palsy
How does Erb’s palsy, a child’s birth injury, occur?
Excessive pulling or stretching of an infant’s head and shoulders during a difficult or prolonged delivery is a common cause of Erb’s palsy. When an infant’s head and neck are pulled to the side simultaneously as the shoulders pass through the birth canal, Erb’s palsy can develop.
Doctors may have to move quickly and exert extra force to get the baby out of the birth canal during difficult childbirths. This can cause Erb’s palsy by stretching the baby’s neck.
Brachial plexus palsy can also develop due to the baby’s position in the womb.
When an infant’s head drops into the birth canal, its shoulder may become stuck behind the mother’s pubic bone. As the baby’s head is pushed out, the brachial plexus nerves may be stretched.
Treatments for Erb’s Palsy
Medical treatment for Erb’s palsy includes physical therapy, occupational therapy, and surgery, depending on the severity of the condition. With nerve damage, for example, surgery is recommended.
How Do You Know the Baby Has a Brachial Plexus Injury?
The most common symptoms to look out for in an Erb’s palsy case that should trigger concern include:
- The wrist rotates inward, and the arm hangs by the side
- Reduced grip strength – inability to hold items in hand
- Restricted arm movement
- Arm, wrist, shoulder, hand, or finger numbness
- Arm paralysis, partial or total
- Muscle weakness
- Facial paralysis
Risk Factors of Erb’s Palsy, Including Medical Malpractice
There are a number of factors that increase the risk of a child’s injury and Erb’s palsy. These include:
- Cesarean section
- Excessive maternal weight gain
- Large infant size or high birth weight
- Maternal diabetes
- The second stage of labor lasts over an hour
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Small or abnormal maternal pelvis shape causing shoulder dystocia where the baby’s shoulders become stuck against the mother’s pelvic bone during delivery
Medical Negligence
- Use of delivery aids such as forceps or a vacuum extractor
- The doctor pulls too hard on the arm to release baby
- The use of excessive force on the baby’s feet during a feet-first (breech) delivery
- Excessive pulling on the baby’s shoulders during a head-first delivery
Filing an Erb’s Palsy Lawsuit/Medical Malpractice Suit
To file an Erb’s palsy lawsuit as a result of medical negligence, contact a birth injury attorney to review your case. You may be entitled to financial compensation, including payment for medical expenses (which in the case of a long-term or permanent disability can be significant) for your child’s treatment, physical therapy, pain and suffering, and lost wages to cover your duties as a caregiver.
Ronemus & Vilensky are expert medical malpractice lawyers. They have recovered millions of dollars involving medical negligence cases, including in Erb’s palsy lawsuit settlements. . If you believe your child has medical malpractice-related Erb’s palsy, you may be entitled to seek compensation to help cover the cost of medical bills and more.
Contact our personal injury lawyers today for a free initial consultation.
