Erb's Palsy Lawyer in Massachusetts

Erb's Palsy as a Birth Injury

Erb's palsy is a condition caused by injury to the brachial plexus, the network of nerves that controls arm and hand movement, during childbirth. It most commonly results from excessive lateral traction applied to the baby's head during a shoulder dystocia delivery emergency, where the baby's shoulder becomes lodged behind the mother's pubic bone after the head delivers. The excessive traction required to free the shoulder can stretch, tear, or rupture the brachial plexus nerves, causing weakness or paralysis of the affected arm. When the injury results from negligent obstetrical technique, Massachusetts law holds the responsible providers accountable. Attorney Jeffrey C. Lavey represents Erb's palsy families throughout Massachusetts.

Shoulder Dystocia and the Standard of Care

Shoulder dystocia is a recognized obstetrical emergency for which there are established management protocols. The HELPERR mnemonic, a sequence of maneuvers designed to free an impacted shoulder without applying excessive traction, is the standard approach taught in obstetrical training. A physician who responds to shoulder dystocia by applying excessive downward traction on the fetal head, rather than following established maneuvers, deviates from the standard of care and may be liable for the resulting brachial plexus injury.

Severity of Erb's Palsy and Long-Term Consequences

Erb's palsy ranges in severity from mild weakness that resolves with physical therapy to complete arm paralysis that requires surgical nerve reconstruction and may cause permanent disability. Many children with Erb's palsy experience limited use of the affected arm throughout their lives, affecting their ability to participate in sports, perform daily activities, and ultimately pursue certain careers. The lifetime impact of a serious Erb's palsy birth injury must be reflected in the compensation pursued. Attorney Lavey works with pediatric neurology experts and life care planners to document the full long-term consequences.

Treatment for Erb's Palsy

Treatment for Erb's palsy begins with physical and occupational therapy to maintain range of motion and strengthen the affected arm. When significant nerve damage is present, surgical exploration and repair, including nerve grafting, may be recommended in the first year of life to maximize nerve recovery. Secondary surgical procedures may address joint contractures and muscle imbalances that develop as the child grows. All of these treatment costs, and future anticipated procedures, are compensable in a birth injury malpractice claim.

Pursuing a Birth Injury Malpractice Claim

Birth injury malpractice cases involving Erb's palsy require expert obstetrical review of the delivery records to evaluate whether the shoulder dystocia was managed according to the standard of care. Massachusetts law requires a Certificate of Merit in medical malpractice cases, confirming that a qualified expert has reviewed the records and found a reasonable basis for the claim. Attorney Lavey handles all required pre-suit steps and manages the expert review process in every Erb's palsy case.

Frequently Asked Questions