When medical negligence during delivery causes Erb's palsy, your child faces a lifetime of challenges that could have been prevented. At Fellows Hymowitz Rice, we fight for Rockland County families whose babies have suffered brachial plexus injuries due to preventable medical errors during birth.
Our team has secured millions in compensation for children with Erb's palsy and their families throughout Rockland County, Westchester, and New York. With over 100 years of combined experience in birth injury cases, we understand both the medical complexities of brachial plexus damage and the financial realities families face when caring for a child with permanent arm weakness or paralysis.
We know this isn't just about money — it's about ensuring your child has every opportunity to live the fullest life possible despite the injury they sustained at birth.
Erb's palsy is a birth injury that affects the brachial plexus, a network of five nerves (C5, C6, C7, C8, and T1) that control movement and sensation in the shoulder, arm, and hand. When these nerves are stretched, compressed, or torn during delivery, the result can be weakness or complete paralysis of the affected arm.
The condition is named after Wilhelm Erb, the German neurologist who first described it in 1874. Erb's palsy typically affects the upper portion of the brachial plexus, specifically the C5 and C6 nerve roots, though more severe cases can involve additional nerves.
Most Erb's palsy cases result from shoulder dystocia, which is a complication during delivery where the baby's shoulders become stuck behind the mother's pubic bone after the head has already emerged. When this happens, medical providers may use excessive force or improper maneuvers to free the baby, stretching or tearing the delicate brachial plexus nerves.
Parents often notice symptoms of Erb's palsy immediately after birth or within the first few days of life:
Not all Erb's palsy cases are the same. The severity of your child's condition depends on the type and extent of nerve damage:
This is the mildest form of brachial plexus injury, where the nerve is bruised but not torn. Most babies with neuropraxia recover completely within 3 to 4 months without surgical intervention. However, even "mild" cases require close monitoring and early physical therapy.
When nerve fibers are damaged and scar tissue forms during healing, the result is a neuroma. This scar tissue can interfere with nerve signals, leading to partial recovery. Some children may regain significant function, while others experience permanent weakness.
A rupture occurs when the nerve is completely torn but remains attached to the spinal cord. These injuries typically require surgical repair, often involving nerve grafts taken from other parts of the body. A full recovery is frequently not possible.
The most severe type of injury involves the nerve being torn completely away from the spinal cord. Avulsions have the poorest prognosis and may require multiple surgeries, including nerve transfers from functioning nerves to restore some arm function.
Understanding the medical circumstances that lead to Erb's palsy helps establish whether your child's injury resulted from preventable medical negligence.
Shoulder dystocia occurs in approximately 1-2% of all vaginal deliveries, but certain factors increase the risk:
While shoulder dystocia itself is often unpredictable, how medical providers respond can determine whether brachial plexus injury occurs:
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Erb's palsy affects far more than just arm movement — it impacts every aspect of your child's development and your family's future.
Children with Erb's palsy face ongoing challenges that affect daily activities:
The injury's impact extends beyond physical limitations:
The financial burden of Erb's palsy can be overwhelming:
Early intervention is crucial for maximizing recovery potential. Treatment approaches depend on the severity of the injury and your child's response to initial therapy.
Most children begin with non-surgical approaches:
When conservative treatment doesn't restore adequate function by 3-6 months of age, surgery may be recommended:
Many children with Erb's palsy require ongoing support throughout childhood and into adulthood:
Successful Erb's palsy lawsuits require demonstrating that medical providers failed to meet accepted standards of care during delivery. Our attorneys work with qualified medical reviewers to establish:
We show what competent obstetricians should do when shoulder dystocia occurs, including:
We identify specific ways the medical team's actions fell below accepted practices:
We establish the direct link between the medical negligence and your child's injury:
We comprehensively evaluate the full impact of your child's injury:
Our clients have recovered substantial compensation for birth-related brachial plexus injuries:
Multiple parties may share responsibility for your child's birth injury:
The delivering doctor has primary responsibility for managing shoulder dystocia safely. This includes recognizing risk factors, responding appropriately to complications, and avoiding dangerous delivery techniques.
Labor and delivery nurses must properly monitor the mother and baby, communicate concerns to physicians, and assist with emergency procedures. Midwives managing deliveries must recognize when physician intervention is needed.
Healthcare facilities can be liable for:
When epidurals or other pain management interfere with the mother's ability to push effectively or feel urgent sensations, anesthesiologists may share responsibility for complications.
New York law provides specific timeframes for filing birth injury lawsuits:
Generally, parents have until the child's 10th birthday to file a medical malpractice lawsuit for birth injuries. However, this deadline can be extended in certain circumstances.
If your child continues receiving treatment from the same healthcare provider for the birth injury, the deadline may be extended until after treatment ends.
In cases where the full extent of injury isn't immediately apparent, the deadline may begin when parents reasonably should have discovered the malpractice.
Don't wait to seek legal advice. Birth injury cases require extensive investigation and preparation. The sooner we begin working on your case, the stronger position we'll be in to preserve evidence and build a compelling claim.
We've been fighting for families affected by preventable birth injuries for over 40 years. Our attorneys understand both the medical complexities of brachial plexus injuries and the legal strategies needed to hold healthcare providers accountable.
Our track record includes millions of dollars recovered for children with Erb's palsy and other birth injuries. We have the resources and determination to take on major hospitals and their insurance companies.
We work with leading medical authorities, life care planners, and economic consultants to fully document your child's current and future needs. Our thorough approach ensures no aspect of your child's injury is overlooked.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Jake is a dedicated, hardworking, and compassionate attorney with a unique perspective shaped by his experience representing both plaintiffs and defendants.
From our New City office, we serve families throughout the region, including Rockland County, Westchester County, and Orange County. We also represent clients throughout New York City, including Manhattan, Brooklyn, Queens, and the Bronx.
Recovery depends on the type and severity of nerve damage. Children with mild neuropraxia may recover completely within months, while those with nerve ruptures or avulsions may have permanent limitations despite treatment. Early intervention improves outcomes significantly.
Signs of potential negligence include difficult deliveries with shoulder dystocia, excessive pulling during delivery, delays in recognizing complications, or failure to perform emergency procedures. Our attorneys can review your medical records to determine if malpractice occurred.
Erb's palsy affects the nerves controlling the arm and hand, while cerebral palsy results from brain injury and affects movement and posture throughout the body. Both can result from birth injuries, but they involve different types of damage.
Surgery isn't always necessary. Many children with mild nerve damage recover with physical therapy alone. However, if function doesn't improve significantly by 3-6 months of age, surgical intervention may be recommended to maximize recovery potential.
While possible, bilateral Erb's palsy is extremely rare. Most cases affect only one arm. When both arms are affected, it usually indicates more severe trauma during delivery and may be part of a broader brachial plexus injury.
Treatment costs vary widely based on injury severity. Mild cases may require only physical therapy, while severe cases can involve multiple surgeries, years of therapy, and adaptive equipment, potentially costing hundreds of thousands of dollars over a lifetime.
You may still have options for pursuing compensation. New York provides extended time limits for filing birth injury cases, and each situation has unique factors that affect legal deadlines. Contact us for a case evaluation.
Many children with Erb's palsy can participate in modified activities or sports that don't require full use of both arms. Occupational therapists can help identify appropriate activities and adaptive strategies to maximize participation.
Contact Fellows Hymowitz Rice today for a free, confidential consultation with our experienced Rockland County Erb's palsy attorneys. We'll listen to your story, explain your legal options, and help you understand the next steps in seeking justice for your child.
