Erb’s Palsy Attorney in Austin
Direct Attorney Review of Brachial Plexus Birth Injuries
Erb’s palsy is a birth injury involving damage to the brachial plexus, the network of nerves that controls movement and sensation in a baby’s shoulder, arm, and hand. A diagnosis doesn’t prove medical negligence. A claim requires a careful review of what occurred during labor and delivery, whether the care departed from the applicable medical standard, and whether that departure caused the injury.
Our review may examine how the delivery team responded to shoulder dystocia, whether excessive traction was used, whether forceps or a vacuum device was used appropriately, and whether a cesarean delivery should have occurred. We also consider the child’s current condition and potential needs, which may include physical therapy, occupational therapy, surgery, adaptive equipment, or educational support.
Briggle & Polan, PLLC represents families in serious medical malpractice matters. We provide direct attorney communication, ongoing updates, and around-the-clock availability. Consultations are free, and representation is offered on a contingency fee basis.
Call us today at (512) 400-3278 or contact us online to schedule a consultation with our Erb’s palsy attorneys in Austin.
millions recovered for our clients
Landmark verdicts and settlements that speak for themselves
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$10,500,000 18-Wheeler Rollover Accident
An 18-wheeler driver took a turn too fast, rolling over and crushing our client’s vehicle and killing him.
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$6,000,000 18-Wheeler Accident Leads to Permanent Brain Injury
An 18-wheeler driver ran a red light and T-boned our client’s vehicle, ejecting him from the car and causing a life-altering brain injury.
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Our client was hit head-on by a drunk teenager in front of an elementary school, flipping their vehicles.
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Our client was t-boned by a large package delivery truck that was traveling in excess of 70 mph. He sustained a severe neck injury that required spinal surgery. Our firm recovered $1,800,000 on behalf of our client.
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Our client was thrown off the back of a work truck, which fractured his skull and caused him to suffer a traumatic brain injury. *Net proceeds to the client were $900,052.11.
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Our client was run over by a drunk driver operating a company truck late at night which required multiple surgeries and months of rehabilitation. *Net proceeds to our client were $571,000.00.
What Is Erb’s Palsy?
Erb’s palsy occurs when the network of nerves in a newborn’s shoulder, known as the brachial plexus, is damaged during delivery. The condition commonly affects the upper brachial plexus and may limit movement, strength, sensation, or range of motion in the shoulder and arm.
Possible symptoms of Erb’s palsy include:
- Weakness or inability to move the affected arm
- Limited range of motion in the shoulder or arm
- Reduced sensation in the arm or hand
- Abnormal positioning of the arm
The severity of the condition can vary. Some children experience temporary weakness and improve with therapy, while others have lasting impairment that may require surgery, continuing rehabilitation, assistive equipment, or additional support as they grow.
Medical records and assessments from treating clinicians can help document the location and extent of the nerve injury. They may also clarify whether the child is making progress, has functional limitations, or is likely to need continuing care. These medical findings are important to treatment planning and to any legal analysis of causation and damages.
How Medical Negligence Can Lead to Erb’s Palsy
A difficult delivery or shoulder dystocia doesn’t by itself establish negligence. Erb’s palsy can occur even when doctors and nurses respond reasonably. The legal question is whether the care departed from the applicable medical standard and whether that departure caused or worsened the child’s brachial plexus injury.
Delivery issues that may require further review include:
- Excessive traction: Applying excessive force to the baby’s head, neck, or shoulder during delivery
- Shoulder dystocia response: Failing to use appropriate maneuvers when the baby’s shoulder becomes lodged
- Delivery instruments: Using forceps or a vacuum device improperly
- Cesarean delivery decisions: Delaying a cesarean delivery when the medical circumstances support that response
- Risk assessment: Failing to recognize or respond to relevant maternal or fetal risk factors
- Fetal monitoring: Failing to evaluate or respond appropriately to information recorded during labor
A legal investigation may include prenatal records, labor and delivery notes, fetal monitoring strips, newborn records, imaging, and later therapy reports. Qualified medical professionals can assess whether the documented decisions and delivery maneuvers were consistent with the applicable standard of care.
Potential Damages in an Erb’s Palsy Claim
Potential damages may include:
- Medical Expenses: Costs associated with medical evaluations, surgery, medications, and other treatment
- Rehabilitation: Past and projected physical therapy or occupational therapy expenses
- Adaptive Equipment: Devices or modifications supported by the child’s functional needs
- Pain & Functional Effects: Physical pain, reduced mobility, or limitations on daily activities
- Future Care: Continuing treatment and support needs documented through medical evidence
- Reduced Earning Capacity: Future economic losses when a lasting impairment affects the child’s ability to work
Determining potential damages requires medical records, treatment projections, qualified medical testimony, and financial evidence. The analysis may also consider how the condition could affect the child’s independence, education, daily activities, and future work capacity.
Families may keep records of therapy expenses, adaptive devices, travel for treatment, and time spent attending medical appointments. When long-term effects are anticipated, medical and financial projections may be used to describe the child’s expected care needs. Whether a particular expense or loss is recoverable depends on the facts and Texas law.
Texas Deadlines for Erb’s Palsy Claims
Texas Civil Practice and Remedies Code Section 74.251 generally requires a health care liability claim to be filed within two years of the alleged breach or tort, or the completion of the relevant treatment or hospitalization. The correct starting date depends on the circumstances, so families shouldn’t assume the deadline runs from the date they discovered the possible negligence.
The statute also provides a different rule for young children. A minor who is under age 12 generally has until the child’s 14th birthday to file or have a claim filed on the child’s behalf. Texas also imposes a 10-year statute of repose measured from the act or omission giving rise to the claim.
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