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New York Erbs Palsy Lawyers – The Law Offices of Kenneth A. Wilhelm
Please visit us at: www.WORK4YOULAW.com
New York Erbs Palsy Lawyers
Erb's Palsy Lawyer - Providing Support Raising Awareness.
Erb’s palsy is the name given to a form of brachial plexus palsy, which affects
newborns as a result of injuries suffered during birth. The brachial plexus is a
network of nerves near the neck that give rise to all the nerves of the arm. These
nerves provide movement and feeling to the arms, hands and fingers. Brachial
plexus birth palsy causes arm weakness and loss of motion in affected children.
Between one and two of every 1,000 babies have this condition, which occurs
when an infant’s neck is stretched during a delivery.
Birth Injury
Erb’s Palsy Causes
The nerves of the brachial plexus can be injured during a delivery if the infant’s
head and neck are pulled toward the side as the shoulders pass through the birth
canal. It can also occur when the infant’s shoulders are pulled on during a head-
first delivery or when pressure is applied on the baby’s raised arms during a
breech or feet-first delivery.
While brachial plexus injuries usually affect only the upper arm, Erb’s palsy affects
the upper and lower arm. Some of the risk factors for Erb’s Palsy include breech
delivery, larger-than-average newborn and shoulder dystocia or difficulty
delivering the baby’s shoulder after the head has already come out.
Erb’s palsy is discovered after birth as a result of typical signs and symptoms such
as:-
 The infant’s inability to move an arm or shoulder
 Weak or absent reflexes in the arm
 Loss of feeling or sensation in the arm
 The arm is bent toward the body
Treatment for Erb’s Palsy
Many newborns with Erb’s palsy may be able to recover on their own. However, it
could take up to two years for complete recovery. Daily physical therapy is the
primary treatment method for Erb’s palsy. Range of motion exercises for the
shoulder, elbow, wrist and hand as well as physical therapy will help the joint
from becoming permanently stiff, a condition called joint contracture.
However, if there is no change over the first three to six months, your doctor may
recommend nerve surgery to improve the potential outcome. Nerve surgery will
not restore normal function because nerves recover very slowly and it may take
months or even years for nerves repaired at the neck to reach the muscles of the
lower arm and hand. Many children with brachial plexus injuries will continue to
experience some weakness in the shoulder, arm or hand. In some children, the
affected arm is noticeably smaller than the unaffected arm. This occurs because
nerves affect the growth of the arm.
Erb’s Palsy and Medical Malpractice
Erb’s palsy is often caused by medical negligence and is widely considered an
avoidable birth injury. It can be prevented with proper training and prenatal
monitoring. Knowledgeable obstetricians should be able to detect signs of a
potential shoulder dystocia prior to childbirth or at least the risk factors
associated with it. When doctors use extraction tools such as vacuums or forceps,
the tools are placed on the infant’s head or shoulder and used to apply extra
pressure to dislodge the shoulder. Doctors who are not properly trained in the
use of these tools can cause damage to the infant’s delicate skull, including nerve
damage in the neck, shoulders and arms.
Recent Developments in New York Erb’s Palsy Cases
There is no question that Erb’s palsy is caused by nerves in the child’s neck and
shoulders getting stretched during birth. About 20 years ago, a small group of
obstetricians had developed a theory that contradicts the current scientific
wisdom. This theory stated that Erb’s palsy might not be caused by the delivering
physician exerting force on the baby’s head or neck, but due to the “natural
forces of labor.” So, the blame was placed on Mother Nature, not the ineptitude
of the medical professional. This theory helped deflect the blame away from
midwives and obstetricians for two decades.
However, in not one, but three recent cases in New York, this theory has been
called out for what it really is – a way out for the medical community. In these
cases, plaintiffs’ lawyers were able to prove that the defense’s theory has been
just that — a theory and not a verified scientific principle or fact. It was never
tested scientifically. Together, these three decisions suggest that the maternal
force theory is no longer an effective defense strategy. It is difficult to tell at this
time what sort of an impact it will have on future Erb’s palsy case decisions.
However, it is now evident from these three recent decisions that the maternal
force theory can be successfully countered.
Contacting an Experienced Erb’s Palsy Injury Lawyer
Parents of children with Erb’s palsy face significant expenses for medical care and
rehabilitation. In such cases, families of injured victims can seek compensation for
damages including, but not limited to, medical expenses, permanent injuries,
disabilities, past and future pain and suffering, etc.
If you or a loved one has been injured in New York as a result of medical
negligence, the experienced New York medical malpractice attorneys at the Law
Offices of Kenneth A. Wilhelm can provide you with more information about
pursuing your legal rights. One of our clients obtained a $1,846,000 result in an
Erb’s Palsy case, which remained the highest paid Erb’s Palsy case for a long time.
Another of our clients also recovered $1,400,000 in another Erb’s Palsy case.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU
(1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorney’s fee unless
we recover money for you. We can also help with personal injury cases in New
Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in
any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Contact Us – The Law Offices of Kenneth A. Wilhelm
At the Law Offices of Kenneth A. Wilhelm, we have the experience necessary to
help you get what you are entitled to. We will do everything we can help you get
the most money possible for your case or claim.
Whether your case involves medical malpractice, a motor vehicle accident,
wrongful death, or any other practice area we handle, rest assured that we will
handle it with the care and taste you need.
If you or someone you know has been injured in an accident that was caused by
the careless, reckless or negligent actions of others, please contact us
immediately. We will explain your rights, guide you through the process and we
will try everything that we can help you get the maximum amount of money for
your case.
Law Offices of Kenneth A. Wilhelm
445 Park Avenue, Between 56th and 57th Streets
9th Floor
Manhattan, New York 10022
1-800-567-5496
1-212-545-7373

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New York Erbs Palsy Lawyers | Law Offices of Kenneth A. Wilhelm

  • 1. New York Erbs Palsy Lawyers – The Law Offices of Kenneth A. Wilhelm Please visit us at: www.WORK4YOULAW.com
  • 2. New York Erbs Palsy Lawyers Erb's Palsy Lawyer - Providing Support Raising Awareness. Erb’s palsy is the name given to a form of brachial plexus palsy, which affects newborns as a result of injuries suffered during birth. The brachial plexus is a network of nerves near the neck that give rise to all the nerves of the arm. These nerves provide movement and feeling to the arms, hands and fingers. Brachial plexus birth palsy causes arm weakness and loss of motion in affected children. Between one and two of every 1,000 babies have this condition, which occurs when an infant’s neck is stretched during a delivery. Birth Injury Erb’s Palsy Causes The nerves of the brachial plexus can be injured during a delivery if the infant’s head and neck are pulled toward the side as the shoulders pass through the birth canal. It can also occur when the infant’s shoulders are pulled on during a head- first delivery or when pressure is applied on the baby’s raised arms during a breech or feet-first delivery.
  • 3. While brachial plexus injuries usually affect only the upper arm, Erb’s palsy affects the upper and lower arm. Some of the risk factors for Erb’s Palsy include breech delivery, larger-than-average newborn and shoulder dystocia or difficulty delivering the baby’s shoulder after the head has already come out. Erb’s palsy is discovered after birth as a result of typical signs and symptoms such as:-  The infant’s inability to move an arm or shoulder  Weak or absent reflexes in the arm  Loss of feeling or sensation in the arm  The arm is bent toward the body Treatment for Erb’s Palsy Many newborns with Erb’s palsy may be able to recover on their own. However, it could take up to two years for complete recovery. Daily physical therapy is the primary treatment method for Erb’s palsy. Range of motion exercises for the shoulder, elbow, wrist and hand as well as physical therapy will help the joint from becoming permanently stiff, a condition called joint contracture. However, if there is no change over the first three to six months, your doctor may recommend nerve surgery to improve the potential outcome. Nerve surgery will not restore normal function because nerves recover very slowly and it may take months or even years for nerves repaired at the neck to reach the muscles of the lower arm and hand. Many children with brachial plexus injuries will continue to experience some weakness in the shoulder, arm or hand. In some children, the affected arm is noticeably smaller than the unaffected arm. This occurs because nerves affect the growth of the arm.
  • 4. Erb’s Palsy and Medical Malpractice Erb’s palsy is often caused by medical negligence and is widely considered an avoidable birth injury. It can be prevented with proper training and prenatal monitoring. Knowledgeable obstetricians should be able to detect signs of a potential shoulder dystocia prior to childbirth or at least the risk factors associated with it. When doctors use extraction tools such as vacuums or forceps, the tools are placed on the infant’s head or shoulder and used to apply extra pressure to dislodge the shoulder. Doctors who are not properly trained in the use of these tools can cause damage to the infant’s delicate skull, including nerve damage in the neck, shoulders and arms. Recent Developments in New York Erb’s Palsy Cases There is no question that Erb’s palsy is caused by nerves in the child’s neck and shoulders getting stretched during birth. About 20 years ago, a small group of obstetricians had developed a theory that contradicts the current scientific wisdom. This theory stated that Erb’s palsy might not be caused by the delivering physician exerting force on the baby’s head or neck, but due to the “natural forces of labor.” So, the blame was placed on Mother Nature, not the ineptitude of the medical professional. This theory helped deflect the blame away from midwives and obstetricians for two decades. However, in not one, but three recent cases in New York, this theory has been called out for what it really is – a way out for the medical community. In these cases, plaintiffs’ lawyers were able to prove that the defense’s theory has been just that — a theory and not a verified scientific principle or fact. It was never tested scientifically. Together, these three decisions suggest that the maternal force theory is no longer an effective defense strategy. It is difficult to tell at this time what sort of an impact it will have on future Erb’s palsy case decisions. However, it is now evident from these three recent decisions that the maternal force theory can be successfully countered.
  • 5. Contacting an Experienced Erb’s Palsy Injury Lawyer Parents of children with Erb’s palsy face significant expenses for medical care and rehabilitation. In such cases, families of injured victims can seek compensation for damages including, but not limited to, medical expenses, permanent injuries, disabilities, past and future pain and suffering, etc. If you or a loved one has been injured in New York as a result of medical negligence, the experienced New York medical malpractice attorneys at the Law Offices of Kenneth A. Wilhelm can provide you with more information about pursuing your legal rights. One of our clients obtained a $1,846,000 result in an Erb’s Palsy case, which remained the highest paid Erb’s Palsy case for a long time. Another of our clients also recovered $1,400,000 in another Erb’s Palsy case. Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorney’s fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case. Other TOLL FREE phone numbers for us are: 1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
  • 6. Contact Us – The Law Offices of Kenneth A. Wilhelm At the Law Offices of Kenneth A. Wilhelm, we have the experience necessary to help you get what you are entitled to. We will do everything we can help you get the most money possible for your case or claim. Whether your case involves medical malpractice, a motor vehicle accident, wrongful death, or any other practice area we handle, rest assured that we will handle it with the care and taste you need. If you or someone you know has been injured in an accident that was caused by the careless, reckless or negligent actions of others, please contact us immediately. We will explain your rights, guide you through the process and we will try everything that we can help you get the maximum amount of money for your case. Law Offices of Kenneth A. Wilhelm 445 Park Avenue, Between 56th and 57th Streets 9th Floor Manhattan, New York 10022 1-800-567-5496 1-212-545-7373