Family Awarded $2.1 Million in New York Erb’s Palsy Lawsuit

Sarah Klein | April 26th, 2013

Birth Injury AttorneyThe Bassett Healthcare Center was ordered to pay $2.1 million to Otsego County mother Delores Brandenburg after her birth injury attorney prevailed in a New York Erb’s palsy lawsuit alleging that the hospital’s negligence resulted in injury and permanent damage to her daughter during delivery.

New York medical malpractice lawyers brought forth evidence that Brandenburg did not receive appropriate prenatal care and that midwife Patricia Brown pulled too hard on the baby’s head during delivery, causing the child a nerve injury resulting in a condition known as Erb’s palsy.  Brandenburg’s daughter, now seven, suffers from limited mobility in her left arm, according to her birth injury attorney.

 Adequate hospital care can prevent Erb’s Palsy

Erbs palsy is a condition in which a traumatic nerve injury results in complete or partial paralysis of one of the victim’s arms.  Injuries of this type are usually sustained during delivery, especially when the baby is very large or in “breech” position (a feet-first delivery) or when the mother is diabetic.  Because of these known risk factors, hospitals and midwives owe a duty of care to their patients to screen for these conditions during pregnancy and inform the mother of the risks and of options for preventing fetal injury.

The risk of Erb’s palsy injuries can be avoided through a delivery by caesarian section, or reduced by adequately training and preparing doctors, nurses, and midwives for the specific difficulties of delivering a baby at risk for Erb’s palsy.  Failure to take the proper precautions is considered medical negligence and doctors and hospitals can be held legally liable for any injuries resulting from such negligence.

Erb’s palsy symptoms include:

  • Muscle weakness
  • Loss of mobility
  • Muscle atrophy
  • Loss of sensation.

Many Erb’s palsy patients can improve their long-term prognosis through physical therapy or surgery, but unfortunately for some the effects of Erb’s palsy can be permanent.

New York lawyers file Erb’s Palsy lawsuit

Erb’s palsy patients may need extensive care and treatment to recover from their injury and improve their long-term prognosis.  New York medical malpractice lawyers can help you recover the costs of surgery, physical therapy, medical visits, and special accommodations that need to be made for children suffering from Erb’s palsy.  Plaintiffs can also be compensated for pain and suffering and for the long-term consequences of Erb’s palsy including future medical expenses and diminished earning capacity.

After the New York Erb’s palsy lawsuit verdict was rendered, plaintiff Brandenburg expressed relief.  “Despite the limitations she has, I know my daughter will have a promising future,” she said, after the three-week long trial was over and the jury’s award was ordered.

Consult a birth injury attorney for a free consultation

If your child has been injured due to inadequate prenatal care or medical error during delivery, or by medical negligence or malpractice of any kind, you may be entitled to compensation.  Experienced New York medical malpractice lawyers at The Sanders Firm can help you secure that compensation.  Call 1-800-FAIR-PLAY for a free evaluation of your case.