The average settlement for Erb’s palsy can range from hundreds of thousands of dollars to over one million dollars. The value of any settlement depends on the severity of the condition, the degree of impairment, and the cost of living with the condition.
Ultimately, the value of any particular settlement will depend on the specific facts of the case. An experienced Erb’s palsy lawyer can review your claim and provide an estimate for how much of a settlement you can expect to receive.
Erb’s Palsy Definition and Statistics
Erb’s palsy is a type of muscle weakness and dysfunction in the upper chest, shoulder, and arms. It is typically a result of physical trauma to the brachial plexus nerve during labor and delivery. Excessive stretching and pulling on the arms during delivery can cause the bundle of nerves to tear.
There are four main types of nerve damage associated with Erb’s palsy:
- Avulsion occurs when the nerve is ripped away from the spine.
- Rupture is when the nerve is torn but remains attached to the spine.
- Neuroma is when the nerve tears but heals, leaving scar tissue.
- Neurapraxia is a stretching of the brachial plexus nerve.
According to NIH data, Erb’s palsy is a relatively common birth injury, with an estimated rate of 2.9 per 1,000 live births. Many cases of Erb’s palsy resolve after a short period. But more severe cases can result in permanent injuries that cause lifelong motor and developmental issues.
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Average Settlement Amounts for Erb’s Palsy
Severe cases of Erb’s palsy can result in a lifetime of medical treatment and rehabilitative therapy. These costs can easily amount to over one million dollars over your child’s lifetime. Even when the injuries are not severe, managing the aftermath can put you and your family under great financial distress.
The amount of your settlement depends on the degree of your economic and non-economic losses. Economic losses are losses and expenses with an explicit dollar value, such as the following:
- Cost of emergency medical treatment
- Necessary surgeries and medications
- Ongoing rehabilitative or occupational therapy
- Loss of parental income from taking time off work
- Your child’s reduced lifetime earning capacity
- Home or vehicle modifications to accommodate disability
Non-economic losses are intangible, psychological losses that lack a definite dollar amount, such as:
- Your child’s pain and suffering
- Emotional distress
- Inconvenience and discomfort from scarring or disfigurement
- Loss of enjoyment of life
Because non-economic losses do not have a fixed dollar value, they are often estimated in relation to economic damages.
Factors that Affect the Value of an Erb’s Palsy Lawsuit
Every case is unique, and Erb’s palsy settlement amounts are based on the specific losses involved in each case. Below are general factors that can affect the amount of a settlement:
Injury Severity
More severe injuries typically result in higher value settlements. Erb’s palsy injuries that result in lifetime difficulties and impairments will generate a higher settlement than more minor cases requiring less intensive treatment.
Medical Bills
A settlement will account for the cost of medical treatment. This includes the total cost of emergency medical treatment, hospitalization costs, and outpatient aftercare.
It also includes any future necessary medical costs stemming from the injuries, like prescription medications, rehabilitative therapy, and corrective surgeries.
Impact on Child’s Life
Erb’s palsy can have a significant impact on the trajectory of your child’s life. They may be unable to complete their education or develop the necessary skills for employment.
Disabilities from Erb’s palsy can impact social development and make it harder for your child to engage in hobbies and other recreational activities.
Physician Negligence
The degree of physician negligence can also make a difference in settlement amounts. In cases where the physician or medical professional acted egregiously or with malice, you may be able to receive additional punitive damages to punish their behavior and deter future misconduct.
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How a Birth Injury Lawyer Can Help
It can be difficult to recover accurate compensation for Erb’s palsy cases because of the long-term and far-reaching nature of the consequences. An experienced birth injury lawyer can help you track all expenses related to your child’s condition and calculate the expected value of future losses.
A lawyer can also negotiate with insurance companies and push back if they try to undervalue or lowball your claim. Although no settlement is ever guaranteed, a lawyer can significantly improve your chances of walking away with a settlement amount adequate to pay for your child’s medical costs and set them up for the future.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Contact an Erb’s Palsy Lawyer Today
Do you have more questions about average settlements for Erb’s palsy? If so, reach out to the team at Birth Injury Lawyers Group. We are a nationally recognized law firm that has recovered over $750 million for birth injury victims and their families.
We have firsthand experience in navigating the aftermath of a birthing injury and will do everything in our power to pursue justice on your behalf.
Contact us today to schedule a free consultation with an Erb’s palsy lawyer and discuss settlement amounts.
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