Erb’s Palsy Settlements in New York

Erb's palsy is a brachial plexus injury that partially or fully paralyzes an infant's arm, typically caused by excessive traction on the baby's head or shoulder during a difficult delivery. In New York, it is considered medical malpractice when a physician applies improper force, fails to recognize shoulder dystocia, or does not follow accepted obstetric standards. Not every Erb's palsy case is malpractice, but many are preventable with proper technique.

Settlement values vary widely based on injury severity, whether surgery is required, the degree of permanent disability, and future care costs. Cases involving permanent arm weakness or paralysis typically involve higher compensation than those where the child fully recovers. No attorney can guarantee a specific outcome, but NY juries have awarded substantial verdicts in brachial plexus birth injury cases involving lasting impairment.

Under CPLR §208 and New York's medical malpractice rules, the statute of limitations is tolled (paused) while a plaintiff is an infant. This means the two-and-a-half-year malpractice period does not begin to run until the child turns 18, giving families until the child reaches age 21½ to file suit. Acting earlier is strongly advised so evidence and records are preserved.

Parents must show that a doctor or hospital deviated from the accepted standard of obstetric care, that the deviation directly caused the brachial plexus injury, and that the child suffered damages as a result. A qualified medical expert witness is required under New York law to certify the deviation from the standard of care. Delivery room records, fetal monitoring strips, and nursing notes are all critical pieces of evidence.