Erb’s Palsy Lawsuit Settlements Amounts

Even in the best of conditions, childbirth can be dangerous for both mother and baby. You might have made it through the birth process believing that your baby was completely healthy — only to realize that they seemed to have trouble moving one of their arms. This is a sign of Erb’s palsy, a nerve injury that is sometimes caused by medical negligence.

Treatment for Erb’s palsy may include intensive therapies and surgeries. If the condition developed because of a healthcare provider’s mistake, you and your family can seek compensation from the responsible party to cover medical bills and other losses. Here is a closer look at what you need to know about Erb’s palsy lawsuit settlements.

Who Is Responsible for Erb’s Palsy?

Erb’s palsy is an injury to the nerves of the brachial plexus (the group of nerves connecting the spine to the hand and arm). Newborn babies can develop Erb’s palsy if they are injured during a difficult birth. Children with mild cases might have some tingling and numbness in their arms, but more serious cases result in weakness or even paralysis.

One common cause of Erb’s palsy is when the nerves of the brachial plexus are overstretched during birth. This stretching is not always due to medical negligence, but the following medical errors are sometimes the cause:

• Pulling too hard on the baby during a difficult delivery
• Putting too much pressure on the baby’s head and neck
• Failing to order a C-section when it is clear that natural birth might injure the baby
• Using delivery tools incorrectly.

Some cases of Erb’s palsy can heal completely on their own. Other cases — especially more serious cases — do not. Early medical intervention can reduce your baby’s risk of having permanent movement difficulties or stiffness in their arm, but there is still a possibility that the effects may be permanent.

A baby born with Erb’s palsy may need medications, physical therapy, or even surgery to restore function to their injured limb. If the injury was caused by a negligent medical professional, your family should not be left to handle the bills and emotional fallout alone.

How Much Are Erb’s Palsy Lawsuit Settlements?

Understanding the Elements of Your Case

Before you pursue legal action, you likely (and understandably) want to know how much compensation you may be able to recover. Unfortunately, there is so much variation in Erb’s palsy lawsuit settlements that that question is impossible to answer without more information.

Lower settlements may be a few hundred thousand dollars or even less. However, for babies with severe cases, compensation may be in the millions. When you schedule a free consultation with us, we will closely examine your case and give you an idea of the compensation you may be able to recover.

There are many different factors that go into valuing a case, but a few have a more significant impact on the total value of an Erb’s palsy settlement.

Previous Medical Costs

When it comes to treating Erb’s palsy, doctors have many, many options. Often, they start with more conservative treatments like physical therapy before progressing to more drastic measures like surgical nerve repair. Your financial compensation is meant to cover your medical expenses, so the cost of treatment is very important to the value of your settlement. The family of a baby who has undergone multiple surgeries would likely receive more than a family whose baby responded well to medication and physical therapy.

In order to make sure your family receives the full amount of compensation you deserve, keep meticulous records of all of your baby’s medical treatments and bills. Storing them in a file in chronological order can make things easier for you and your attorney, and it also can establish a timeline of your baby’s initial injury and the medical care that followed. In order to reduce the risk of your medical bills and other medical records being lost or misplaced, it is wise to keep both electronic and hard copies.

Anticipated Future Medical Costs

Unfortunately, some birth injuries, including Erb’s palsy, can cause lifelong impairment. And if those birth injuries were caused by medical negligence, it is only fair that the responsible party covers the cost of any ongoing care. Estimating future medical costs can be challenging, but at Cava Law Firm, we have extensive experience with medical malpractice cases. That means we can accurately estimate your child’s future medical costs and explain that calculation to a judge or insurance company if need be.

The Degree of Your Baby’s Impairment

When it comes to determining the value of an Erb’s palsy lawsuit settlement, economic losses (or quantifiable losses) are not the only factor that matters. It also is important to consider the intangible impacts a birth injury can have on a child and their family. One of the most critical elements is how much your child’s impairment affects their quality of life.

For example, imagine that your son was diagnosed with Erb’s palsy. He received prompt medical treatment, and doctors believe that while he might have some mild numbness or tingling from time to time, the injury should have little to no effect on his daily activities.

Now imagine another child who was born with a severe case of Erb’s palsy. Despite multiple surgeries, he will still experience significant trouble using one arm for the rest of his life. In the latter scenario, the significant (and permanent) impairment the child faces would likely lead to a greater settlement.

Whether You or the Other Parent Lost Income

If you were to suffer a major injury, you would take time off work to heal. Similarly, if your child has a birth injury like Erb’s palsy, you or the child’s other parent (or both of you) may have to take time off work on a regular basis. Parents of children with serious birth injuries often need to do the following:

• Transport the child to and from medical appointments;
• Stay home with the child as they recover from surgeries; and
• Help the child with daily activities they cannot perform themselves.

When a child has a very serious case of Erb’s palsy, it is not uncommon for one parent to quit their job to better care for the child. Alternatively, the parents may hire a home health aide. In either case, the family faces a significant financial loss. When this happens, a settlement could be increased to compensate you for your lost earnings or the aide’s salary.

The Degree of Negligence Involved

All doctors make mistakes. However, if the doctor handling your baby’s birth made a flagrant error that even most medical students would not make, it may be easier to win a higher settlement. Still, a layperson might not understand how serious the doctor’s error was (or whether it was even an error at all). That’s why hiring an attorney with a background in medical malpractice is so important. When we assess your case, we can examine what happened during your baby’s birth and determine whether the hospital or individual doctor acted negligently.

Additional Expenses

If your child’s Erb’s palsy is severe enough to cause significant disability, you might face even more expenses as you adapt your home to be more accessible. You should keep track of expenses like purchasing medical equipment or modifying your home to make it more accessible. Your birth injury lawyer can ask for these costs to be reimbursed in your settlement.

Why Hiring a Birth Injury Lawyer Is Important

If your baby has been injured and the hospital or medical practitioner’s insurance company reaches out to you wanting to settle, there is nothing to stop you from accepting the settlement or attempting negotiations yourself. But without the help of an attorney, this settlement is likely to be less than your case is worth. Insurance companies often reach out quickly, hoping a claimant will take an initial offer without consulting an attorney. They do this for a variety of reasons:

• They count on your not knowing how to determine the real value of your case.
• They hope you will be grateful you are being offered any money at all.
• They hope that the pressure of mounting medical bills has made you desperate enough to accept almost any settlement.

Employees of the insurance company may be friendly, but remember that their employer has one goal: paying as little as possible. And unless you have legal representation, they might see you as someone who can be taken advantage of.

Once the insurance company knows that you have an attorney, this perception changes. Perhaps most critically, the insurance company’s representatives understand that if they cannot work out a settlement that you and your lawyer accept, your attorney will have no qualms about taking your Erb’s palsy lawsuit all the way to trial. Insurance companies will often go to great lengths to keep a case from going to court. If the defendant is a high-profile hospital or practitioner, they may want to avoid the publicity that comes with litigation. Insurance companies also must pay their own attorneys to go to trial, and those costs can add up very quickly.

The bottom line is that when you work with an experienced birth injury lawyer, the insurance company knows you mean business — and it is therefore motivated to offer a fair settlement.

When your family’s future hangs in the balance, you should not hire just any birth injury lawyer; you need an experienced negotiator and litigator who is ready to fight for you. Call Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) to book your free consultation.

How Long Does It Take to Recover Compensation?

By the time they receive a settlement for Erb’s palsy, many families already have countless medical bills to pay. Naturally, you might wonder how long it will take for your case to be decided and for you to receive compensation. Winning is never guaranteed in any kind of personal injury case, but if you do receive compensation, it may take anywhere from a few months to a few years.

Why such a wide range? One factor is critically important when it comes to how soon you receive your funds: whether your case settles or goes to court. Most personal injury lawsuits settle before reaching the courtroom, which is a good thing if you want to receive your compensation quickly. With a settlement, both sides agree that you should receive a certain amount of money. When you sign the settlement, you will affirm that you will not take further legal action. Instead of waiting for the uncertain outcome of a lawsuit, you will get paid soon after.

However, if your case is one of the few that goes to court, it might take significantly longer. Litigation tends to be a drawn-out process in any civil case. Because of the complexity of medical malpractice cases, they often take even longer than average to be decided. Some families wait years before their case is finalized.

If Your Baby Has Been Hurt, We Are Here for You

Winning Is NO Accident!

If you have just learned that your new baby is suffering from Erb’s palsy, you may be devastated. Since you are focused on getting your child the best medical care possible, we understand how you might feel overwhelmed by the thought of a lawsuit. When you work with the Cava Law Firm team, we handle the logistics of your case so you can dedicate your time and energy to helping your baby heal. Attorneys Christopher F. Cava and Jennifer L. Cava-Foreman offer support and compassionate guidance while we build a strong case for securing a fair settlement.

Filing a birth injury lawsuit can be complicated, stressful, and confusing. Let Cava Law Firm take the wheel — call us today at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a free consultation.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]