Chicago Erb’s Palsy Lawyer

Helping Illinois Families Recover Compensation for Erb’s Palsy Birth Injuries

At Rosenfeld Injury Lawyers, our Chicago Erb’s palsy lawyer team represents families across Illinois whose children have suffered preventable brachial plexus injuries at birth. We understand how medical negligence during delivery can lead to lasting nerve damage, limiting an affected child’s mobility and independence. 

Our firm has a proven record of securing fair compensation in birth injury cases, covering medical expenses, therapy, and future care needs. Whether your child’s injury was caused by shoulder dystocia, excessive force, or delayed intervention, we work to hold healthcare providers accountable and ensure your family has the resources needed for your child’s future. Book a free consultation today!

Erb’s Palsy Settlements & Verdicts Recovered by Our Chicago Law Firm

Our Chicago birth injury law firm has extensive experience securing substantial settlements and verdicts for Illinois families affected by medical malpractice during delivery.

• $5,000,000 Settlement – Liam was born at a Chicago hospital with a severe brachial plexus injury after excessive force was applied to free his shoulder during delivery. He underwent multiple surgeries to improve movement in his arm.
• $1,730,000 Settlement – Sophia suffered a brachial plexus and shoulder injury at a Cook County medical center when her OB/GYN used improper maneuvering to dislodge her head after it became stuck in the birth canal. The nerve damage caused long-term mobility issues. 

What Makes Us the Best Erb’s Palsy Attorneys in Chicago

At Rosenfeld Injury Lawyers, we have achieved record-setting results for families whose children suffered brachial plexus injuries due to medical negligence. Recognized by Super Lawyers and the Million Dollar Advocates Forum, we bring decades of experience, extensive medical resources, and a history of winning high-value birth injury cases. 

Families across Illinois trust us to handle the legal process while they focus on their child’s recovery, knowing we are committed to achieving the best possible results.

What Is Erb’s Palsy?

Erb’s palsy is a birth injury caused by damage to the brachial plexus, a network of nerves in the neck and shoulder that controls movement and sensation in the arm. This condition typically occurs during a difficult delivery, often when the baby’s shoulder becomes lodged behind the mother’s pelvic bone, a complication known as shoulder dystocia. 

Excessive force or improper delivery techniques can stretch or tear the upper brachial plexus nerves, leading to weakness, loss of sensation, or paralysis in the affected arm. Treatment may include occupational or physical therapy, and in severe cases, surgical intervention to restore function.

What Are the Most Common Causes of Brachial Plexus Injury in Chicago Deliveries?

In Chicago deliveries, brachial plexus injuries that lead to Erb’s palsy often occur when medical professionals fail to follow proper delivery protocols. Common causes include delayed or failed C-sections during fetal distress, which can increase the risk of nerve injury. 

Excessive pulling on the infant’s head or shoulders while navigating the birth canal can stretch or tear upper and lower nerves of the brachial plexus. Improper use of forceps or vacuum extractors can also cause severe nerve damage. Additionally, failing to recognize and respond to risk factors such as large birth weight or breech position can result in preventable brachial plexus injuries.

What Are the Long-Term Effects of Erb’s Palsy?

Erb’s palsy can lead to lasting physical limitations for the affected child. In severe cases, the injury causes partial or complete paralysis of the arm. Some may lose muscle strength, coordination, or sensation. 

Children may experience developmental delays in motor skills, impacting their ability to perform everyday activities. Some require multiple surgeries to repair nerve damage, while others need ongoing occupational or physical therapy to maintain function, reduce stiffness, and adapt to the injury’s long-term effects.

What Damages Can Erb’s Palsy Victims Recover in Chicago Birth Injury Claims?

In Chicago birth injury claims involving Erb’s palsy, families can recover compensation for both economic and non-economic losses.

Economic damages may include past and future medical costs, physical and occupational therapy, assistive devices, and necessary home modifications. These also extend to future earning capacity if the injury affects their ability to work later in life.

Non-economic damages compensate for pain and suffering, loss of a normal life, and emotional distress caused by the injury’s impact on the child and family.

When medical negligence is proven, victims may also recover future care costs for ongoing rehabilitation, surgery, and long-term medical needs. A skilled Erb’s palsy lawyer can help ensure all damages are fully calculated to secure fair compensation.

What Is the Average Erb’s Palsy Payout in Chicago?

According to Law.com’s VerdictSearch, Erb’s palsy payouts in Chicago typically range from about $2,000,000 to $3,000,000, with an average award of $2,512,435.

Case values vary widely based on several key factors:

• Severity and permanence of the brachial plexus injury – whether the child regains partial function or suffers lifelong paralysis of the affected arm.
• Extent of treatment needs – including surgical intervention, physical therapy, and occupational therapy over the child’s lifetime.
• Impact on daily living and independence – particularly for severe cases affecting fine motor skills and functional use of the arm.
• Parental lost wages – if a parent must leave the workforce or reduce hours to provide ongoing caregiving for the child.

Example Erb’s Palsy Cases Filed in Cook County

$2.54M Verdict – In 1992, Michelle Madej was delivered at St. Joseph’s Hospital in Chicago by Dr. Ursula Starr-Adamczyk. During delivery, the physician allegedly twisted the baby’s head while addressing shoulder dystocia, causing a brachial plexus injury that resulted in permanent Erb’s palsy. Michelle could not raise her dominant right arm above shoulder level despite two tendon-transfer surgeries. At age 11, she and her mother sued for medical malpractice, seeking damages for medical bills, pain, and disfigurement. The jury found the doctor liable and awarded $2,537,306.

$2M Verdict – In 2006, Oladasoyin Lawoyin was delivered at Saint Anthony Hospital in Chicago following an elective induction. After a midpelvic vacuum extraction by one doctor, delivery was turned over to another, who allegedly applied excessive traction without checking shoulder position. The family claimed multiple risk factors for shoulder dystocia were ignored, leading to permanent brachial plexus nerve damage. At age 10, Oladasoyin had severe range-of-motion limitations in her right arm. The jury awarded $2 million, including amounts for future lost earning capacity, medical bills, disability, pain, suffering, and disfigurement.

Why You Need a Chicago Erb’s Palsy Attorney

Proving medical malpractice in an Erb’s palsy case can be difficult because hospitals and insurers often argue the injury was unavoidable. These cases require showing that a healthcare provider’s actions, such as applying too much force, mishandling shoulder dystocia, or delaying intervention, directly caused damage to the brachial plexus nerves. 

A knowledgeable Erb’s palsy attorney can obtain and review medical records, work with obstetric and neurology experts, and build a strong link between the delivery errors and the child’s injury. With skilled representation, families can overcome defense arguments and pursue the compensation needed for medical bills, therapy, and the child’s long-term care.

How Common Is Erb’s Palsy?

While not among the most common birth injuries, Erb’s palsy is a significant birth injury. In a two-year study, 126 cases of shoulder dystocia and 40 cases of Erb’s palsy were reported among 9,071 vaginal births. For vertex-presentation births with shoulder dystocia, the risk was 18.3%, though only 1.6% resulted in permanent injury.

According to research published in the National Library of Medicine, if recovery begins within four weeks, the prognosis of Erb’s palsy is generally favorable, with many cases resolving in the first year. 

However, if muscle reinnervation does not occur within 18–24 months, the damage becomes permanent. Neglected cases may result in a 20%–30% permanent loss of nerve function, leading to complications such as decreased strength, abnormal joint movement, muscle atrophy, impaired bone growth, osteoarthritis, limb length discrepancy, and balance issues.

Where Do Erb’s Palsy Birth Injuries Occur in Chicago?

Erb’s palsy birth injuries can occur in any hospital or delivery setting when medical errors lead to damage to the brachial plexus nerves. In Chicago, our injury lawyers have handled cases arising from well-known facilities such as Rush University Medical Center, Advocate Illinois Masonic Medical Center, Loyola University Medical Center, and Prentice Women’s Hospital at Northwestern. 

While these hospitals employ skilled medical professionals, mistakes during complicated deliveries—such as mishandling shoulder dystocia, applying too much force on the baby’s shoulder or head, or improperly employing delivery tools—can cause permanent nerve injury. These incidents are not limited to large teaching hospitals; they can happen in smaller community hospitals and birthing centers as well. 

Our Chicago birth injury lawyer team has experience holding healthcare providers and institutions accountable across Cook County and Illinois, ensuring that families receive fair compensation for medical expenses, therapy costs, and their child’s future care needs.

What Laws Govern Erb’s Palsy Birth Injury Cases in Illinois?

Illinois medical malpractice claims, including Erb’s palsy birth injury cases, must comply with 735 ILCS 5/2‑622. This statute requires the plaintiff to file a certificate of merit from a qualified healthcare professional confirming that the claim has a reasonable basis. The rule is intended to ensure that medical malpractice claims are supported by credible medical evidence before proceeding, and failure to include the certificate can lead to dismissal of the case.

In LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court struck down the 2005 state law capping non-economic damages in medical malpractice actions. The court relied on Best v. Taylor Machine Works as precedent and held that the cap violated the separation of powers by restricting the judiciary’s ability to determine fair compensation in individual cases. This decision means there is no statutory cap on non-economic damages in Illinois medical malpractice lawsuits.

How Long Do I Have to File an Erb’s Palsy Birth Injury Lawsuit in Illinois?

Under 735 ILCS 5/13-212, most Illinois medical malpractice lawsuits, including Erb’s palsy claims, must be filed within two years of the date the injury was discovered, or reasonably should have been discovered, but no later than four years after the alleged act of negligence. In cases involving minors, lawsuits can generally be filed up to eight years after the malpractice occurred, but not after the child’s 22nd birthday. Missing these deadlines can bar your right to recover compensation.

Who Is Liable for an Erb’s Palsy Injury?

Liability for an Erb’s palsy injury can rest with any medical professional or facility whose negligence during labor and delivery caused damage to the brachial plexus nerves. Obstetricians, nurses, or midwives may be held responsible for applying too much force, mishandling shoulder dystocia, or failing to follow proper delivery techniques. 

Hospitals can be liable for their staff’s actions under vicarious liability, as well as for inadequate training, poor supervision, or insufficient staffing during delivery. In some cases, multiple healthcare providers share responsibility. An experienced Chicago medical malpractice lawyer can identify all liable parties to maximize compensation for the child’s medical expenses and future care.

Common Defenses in Illinois Erb’s Palsy Cases

In Illinois Erb’s palsy cases, defense teams often argue that the injury was unavoidable even when proper medical care was provided. They may claim that shoulder dystocia or other delivery complications were managed according to accepted medical standards and that nerve damage still occurred. 

Another common defense is that maternal factors—such as the baby’s size, the shape of the mother’s pubic bone and pelvis, or the presence of gestational diabetes—made the injury inevitable regardless of the medical team’s actions.

Our Chicago birth injury lawyers counter these arguments by working with medical experts to analyze fetal monitoring records, delivery room notes, and all relevant documentation. Expert testimony can explain how specific delivery maneuvers, excessive traction, or delayed responses to complications directly caused the brachial plexus injury. 

By presenting detailed evidence of deviations from the standard of care, we strengthen the case for compensation and hold negligent healthcare providers accountable for the child’s injuries and future needs.

How to Strengthen Your Erb’s Palsy Case in Illinois

To strengthen an Erb’s palsy case in Illinois, it’s essential to collect all medical records from pregnancy through delivery, including fetal monitoring strips, delivery notes, and neonatal assessments. These documents help establish what occurred in the delivery room and whether medical negligence contributed to the brachial plexus injury. 

An independent evaluation by a pediatric neurologist can provide an objective medical opinion linking the injury to improper delivery techniques or excessive force. Families should also keep detailed records of the child’s therapy needs, progress, and any surgeries.

How a Chicago Birth Injury Lawyer Can Help

A skilled Chicago birth injury lawyer plays a critical role in pursuing justice and compensation for families affected by Erb’s palsy. We work with leading medical experts, including obstetricians, pediatric neurologists, and life care planners, to prove that negligence during delivery caused the brachial plexus injury. Our team handles all communications and negotiations with insurance companies and hospital defense teams, ensuring your family’s interests are protected at every stage of legal proceedings. 

If a fair settlement cannot be reached, we are fully prepared to present your case in court proceedings, using medical records, expert testimony, and delivery room documentation to seek maximum compensation for medical expenses, therapy costs, future care needs, and the lifelong impact on your child’s quality of life.

FAQs

What are the risk factors for developing Erb’s palsy?

Risk factors include shoulder dystocia, large birth weight (macrosomia), breech presentation, prolonged second stage of labor, maternal diabetes, and the use of delivery tools such as forceps or vacuum extractors. These factors increase the likelihood of excessive traction or stretching of the brachial plexus nerves during delivery.

How is Erb’s palsy diagnosed?

Erb’s palsy is typically diagnosed shortly after birth through a physical examination that reveals weakness, limited movement, or paralysis in the affected arm. Additional diagnostic tools, such as nerve conduction studies, MRI, or ultrasound, may be used to assess the extent of brachial plexus nerve damage.

Can the affected arm be treated?

Treatment depends on the severity of the brachial plexus injury. Many cases improve with occupational and physical therapy, while severe cases may require surgical intervention, such as nerve grafts or transfers. Early diagnosis and intervention are essential for the best chance of restoring arm function and preventing long-term deficits.

Can I sue if my child’s Erb’s palsy was caused by a difficult delivery?

Yes. If your child’s Erb’s palsy resulted from a difficult delivery, you may have grounds for a medical malpractice lawsuit. To succeed, you must prove four elements: duty (the healthcare provider owed a duty of care), breach (they failed to meet that standard), causation (the breach directly caused the brachial plexus injury), and damages (the injury led to measurable harm, such as medical expenses, disability, or reduced future earning capacity). An experienced lawyer can gather evidence and expert testimony to prove these elements.

Is Erb’s palsy considered a disability?

Similar to cerebral palsy, in many cases, Erb’s palsy can qualify as a disability, particularly if it results in permanent loss of function, strength, or range of motion in the affected arm. This designation can make a child eligible for disability benefits and educational or workplace accommodations.

How long does an Erb’s palsy case take to resolve?

The timeline varies based on case complexity, evidence, and whether the case goes to trial. Many Erb’s palsy claims take one to three years to resolve. Cases requiring extensive expert testimony or facing aggressive defense challenges may take longer to reach a settlement or verdict.

How much does a Chicago Erb’s palsy lawyer cost?

Our Chicago birth injury lawyers work on a contingency fee basis. This means you pay no upfront legal fees, and we only collect a percentage of the recovery if we secure compensation for your case through settlement or a trial verdict.

Consult a Chicago Erb’s Palsy Attorney Near You!

If your child has been diagnosed with Erb’s palsy and you believe medical malpractice played a role, Rosenfeld Injury Lawyers is ready to help. Our Chicago Erb’s palsy lawyers have extensive experience holding healthcare providers accountable in birth injury cases and securing compensation for affected families across Illinois. Call our Chicago personal injury law firm at (888) 424–5757 or fill out our contact form to schedule a free consultation and explore your legal options.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.