You may have been told that complications happen during birth, a phrase that may feel dismissive and shut down your right to ask hard questions. But not every instance of Erb’s palsy is unavoidable.
If a medical professional did not conduct their work with the level of responsibility they are expected to, this is no accident. This is a deviation from the standard of care, and the challenge lies in meticulously reviewing the medical records to prove it.
You just need the right legal team to investigate on your behalf. This is where the Philadelphia Erb’s palsy lawyers at Wapner Newman step in. We handle the difficult medical and legal investigation so you can focus on your child’s recovery.
If you have questions about your child’s birth injury, call us for a free, confidential consultation at (215) 569-0900.
Why Choose Wapner Newman for Your Family’s Future?
Wapner Newman was founded in 1978 by Morton Wapner and Robert Newman, built on the unwavering principle that injury victims, especially vulnerable infants, deserve robust and compassionate representation. For over 40 years, our firm has dedicated itself to holding negligent parties accountable and securing the resources families need to move forward.
Our team of attorneys brings a collaborative approach to every case, pooling our collective knowledge to unravel the difficulties of medical malpractice and birth injury claims. Attorneys like Marc G. Brecher have dedicated their careers to this practice, focusing on cases where healthcare providers deviate from the accepted standard of care and cause lasting harm. We understand the medicine, we know the legal standards, and we are committed to finding the truth within the medical records.
A Track Record that Speaks for Itself
We have secured millions of dollars for our clients in medical malpractice verdicts and settlements. Our firm’s involvement in securing the landmark $227 million settlement for victims of the Market Street building collapse demonstrates our capacity to manage difficult cases against powerful defendants. We bring that same level of dedication to every family we represent, whether in the courtroom or at the negotiating table.
Our Accessibility Guarantee
We understand that caring for an infant with a birth injury is a full-time job. Traveling to a lawyer’s office might not be easy, which is why we have a simple, straightforward policy:
- We Come to You: If you are unable to come to our office, whether you are at home or in the hospital, one of our attorneys will travel to meet you.
- We Provide Transportation: If you prefer to meet at our office but do not have a way to get here, we will arrange to pick you up.
Our office is conveniently located in the heart of Center City at 1628 John F Kennedy Boulevard, Suite 800, Philadelphia, PA 19103, just a short walk from Philadelphia City Hall and Suburban Station. Your focus should be on your child; let us handle the logistics.
A No-Risk Approach to Justice
We believe every family deserves access to legal help without financial risk. That is why we offer free case reviews to determine if your case has merit.
Furthermore, we operate on a contingency fee basis. This is our No Win, No Fee promise. It means you owe us absolutely nothing unless we successfully recover compensation for your child.
Securing Compensation for a Child with Erb’s Palsy
The goal of compensation in an Erb’s palsy case is to ensure your child has the financial resources to live the fullest life possible, covering every single expense created by the medical negligence that caused their injury.
Compensation is typically divided into two main categories, with a third possible in certain situations.
Economic Damages: These are the tangible, calculable costs associated with the injury, both now and in the future.
- Current and future medical bills, including costs for nerve graft surgeries or other corrective procedures.
- Long-term physical and occupational therapy to maximize movement and function.
- Adaptive equipment, such as splints or braces, and any necessary modifications to your home.
- Lost earning capacity, which accounts for the income the child may be unable to earn in the future if the injury is permanent and affects their employment options.
Non-Economic Damages: These damages compensate for the intangible losses that do not have a specific price tag.
- Pain and suffering, which includes the physical pain from the injury itself and subsequent medical treatments.
- Loss of enjoyment of life, addressing the child’s inability to participate in sports, hobbies, or daily activities like their peers.
- Emotional distress for the lifelong challenges and frustrations associated with the disability.
Punitive Damages: In Pennsylvania, punitive damages are available in some medical malpractice cases. These are not meant to compensate for losses but to punish the healthcare provider for conduct that was recklessly indifferent or malicious and to deter similar behavior in the future. While less common, we always investigate whether the circumstances of a case warrant pursuing them.
What If There Were Pre-Existing Risks?
Defense lawyers may argue that a birth injury was caused by pre-existing maternal health factors, like gestational diabetes or a high-risk pregnancy, rather than the doctor’s actions. Their goal is to shift blame and reduce the compensation your child receives.
However, having a high-risk pregnancy does not give a doctor a free pass to provide substandard care. In fact, it raises the standard, requiring them to be even more vigilant in managing those risks. A skilled Philadelphia Erb’s palsy lawyer knows how to counter these tactics and determine whether the injury was caused by the management of the delivery, not the mother’s health.
How Erb’s Palsy Claims Work in Philadelphia
Erb’s palsy, a type of brachial plexus injury, is damage to the network of nerves that sends signals from the spine to the shoulder, arm, and hand. While it may have other causes, in newborns, it is frequently linked to a complication during delivery known as shoulder dystocia.
Shoulder dystocia is a medical emergency that occurs when the baby’s head delivers, but one of the shoulders becomes stuck behind the mother’s pelvic bone. An experienced obstetrician is trained to handle this situation with specific, gentle maneuvers.
However, whether the situation results in a permanent injury typically comes down to how the doctor reacts. Panic, inexperience, or the application of excessive force, such as pulling and twisting the baby’s head sideways, could stretch or tear the delicate brachial plexus nerves, causing Erb’s palsy.
The Legal Standard of Care in Pennsylvania
To win a medical malpractice case in Pennsylvania, we must prove that the healthcare provider deviated from the accepted standard of care. This is a legal concept that simply means we must show that a reasonably competent doctor, under the same circumstances, would have acted differently and prevented the injury.
Common Forms of Negligence Leading to Erb’s Palsy
- Failure to estimate fetal weight accurately: Overlooking signs of a macrosomic (unusually large) baby.
- Failure to perform a timely C-section: Proceeding with a vaginal delivery when clear risk factors were present.
- Applying excessive lateral traction: The most direct cause of injury, this involves pulling the baby’s head and neck sideways with damaging force.
- Improper use of delivery instruments: Mismanaging forceps or vacuum extractors, leading to nerve compression or tearing.
Types of Brachial Plexus Injuries
- Neurapraxia: The nerve is stretched but not torn. These are the mildest injuries and usually heal on their own within a few months.
- Neuroma: The nerve is torn and attempts to heal, but scar tissue forms and presses on the nerve, interfering with signals to the muscles.
- Rupture: The nerve is torn, but not where it attaches to the spine. This injury will not heal on its own and may require surgery to splice the damaged nerve.
- Avulsion: The nerve root is completely torn from the spinal cord. This is the most severe type of injury and cannot be surgically reattached to the spine.
A Note on Pennsylvania’s Statute of Limitations
In Pennsylvania, the general statute of limitations for a personal injury claim is two years. However, cases involving injuries to minors are different due to the state’s Minor’s Tolling Statute (42 Pa.C.S. § 5533), and the clock does not start running until the child turns 18. This means parents typically have until their child’s 20th birthday to file a lawsuit.
But you should not wait. Over time, evidence disappears. Fetal monitoring strips may be lost, hospital records may become harder to access, and the memories of nurses and other delivery room staff fade. Acting sooner gives your legal team the best opportunity to build the strongest case possible.
Where Birth Injuries Occur in Philadelphia
Philadelphia is home to some of the most respected medical institutions in the world, including Penn Medicine, Jefferson Health, and Temple University Hospital. Yet, medical negligence may happen anywhere, even in world-class facilities. High patient volumes, understaffing, and communication breakdowns may create environments where rushed decisions lead to preventable errors.
Our Philadelphia Erb’s palsy lawyers typically see these cases arise from:
- Overwhelmed labor and delivery wards on night shifts.
- High-risk pregnancies that were not correctly monitored or referred to a specialist.
- Failure to have adequate personnel on hand for a potentially difficult delivery.
Dealing with Medical Malpractice Insurance Companies
Hospitals and their doctors are protected by large medical malpractice insurance companies. In Pennsylvania, many of these claims also involve the Medical Care Availability and Reduction of Error (MCARE) Fund, a state-run excess liability insurer. This entity, while not a true business like other for-profit private insurance companies, is not a charity. They will scrutinize your claim just as closely to look for any inconsistencies.
Here’s What to Look Out For:
Beware of Early Settlement Offers
An insurer might quickly offer a small settlement to cover immediate medical bills. Accepting this offer may require you to sign away your right to sue for the millions of dollars needed for your child’s lifetime of care.
Delay Tactics
Insurance adjusters may delay responding to your calls or requests for information, hoping that frustration and mounting bills will force you to give up or accept a lowball offer.
Shifting the Blame
They will thoroughly investigate the mother’s medical history to find anything they can use to argue the injury was caused by maternal forces or genetics, anything but the doctor’s actions.
You do not have to face this alone. Wapner Newman acts as a necessary shield between you and the insurance companies. We handle all communications, file all the paperwork, and manage the negotiations, allowing you to dedicate your energy to your child’s therapy and well-being.
What to Do After a Diagnosis (Home-Based Steps)
- Start a Milestone Journal: Each day, make notes about what your child struggles with or cannot do. Document difficulties with lifting their arm, grasping a finger, or pushing up during tummy time. These detailed, real-time observations provide a compelling narrative of the child’s loss of enjoyment of life that medical reports alone cannot capture.
- Video Documentation: Regularly take short videos of your child’s arm movements and limitations. A video showing a baby’s struggle to crawl or reach for a toy is more impactful to a jury than a dry medical description.
- Organize Financial Records: Create a dedicated folder for every receipt related to the injury. This includes co-pays, prescription costs, parking fees for therapy appointments, and bills for any special equipment.
- Avoid Social Media: Refrain from posting details about your child’s condition or any legal matters online. Insurance companies monitor social media accounts, and an innocent post could be taken out of context and used against your case.
FAQ for Philadelphia Erb’s Palsy Cases
Can I still file a claim if my child’s arm movement has improved slightly?
Yes. Any improvement is wonderful, but it does not erase the initial negligence or the fact that the arm may never fully recover 100% of its strength and function. You may still seek compensation for the long-term effects, future medical needs, and the pain and suffering your child has already endured.
What if I signed a consent form before delivery? Does that waive my rights?
No. A consent form acknowledges the known, unavoidable risks of a medical procedure. It is not a permission slip for negligence. You never consent to a doctor or nurse making a preventable error that deviates from the accepted standard of care.
My doctor said the injury was caused by natural forces of labor. Is this true?
This is a common defense tactic used to shift blame away from the medical provider. While labor involves natural forces, a doctor’s role is to manage them safely. Excessive pulling or traction is a leading man-made cause of Erb’s palsy. Only a forensic review of the medical records by legal and medical professionals can uncover what truly happened.
Don’t Let “It Just Happens” Be the Final Word
Holding a negligent provider responsible is frequently the only way to obtain the financial resources your child will need for a lifetime of therapy, medical care, and adaptive support.
At Wapner Newman, we have spent decades standing up for families in Philadelphia. We take on the legal work so you can focus on the most important job: parenting. Your child deserves every opportunity to thrive, and our mission is to ensure they have the support to do so.
If you suspect your child’s birth injury was preventable, do not let your questions go unanswered. Call us today for a free, no-obligation consultation at (215) 569-0900.