Erb's Palsy Lawyer in New York

If your child was born with Erb's palsy after a difficult delivery, you may have the right to seek compensation for the injuries they suffered. In New York, most Erb's palsy cases must be filed before the child's 10th birthday, and any settlement on behalf of a child requires a judge's approval. Porter Law Group represents New York families whose children sustained preventable Erb's palsy injuries during delivery, and every consultation is completely free.

Why Choose Porter Law Group for Erb's Palsy Cases in New York?

Erb's palsy cases are complicated. The hospital or doctor's legal team will often argue that the injury happened naturally during labor, not because of anything the medical staff did wrong. Winning these cases requires attorneys who understand obstetric medicine, know how to read delivery room records, and work with the right medical experts to build a strong case.

Porter Law Group has recovered more than $500 million for seriously injured clients since 2009. The firm has handled multiple cases involving children with permanent birth-related disabilities, with several recoveries exceeding $8 million. 

Led by Harvard-educated attorney Michael S. Porter, a former U.S. Army JAG Corps Captain with over 20 years of trial experience, the firm retains maternal-fetal medicine specialists, pediatric orthopedic surgeons, pediatric neurologists, hand and microsurgery specialists, and life care planners to document the mechanism of injury and the cost of a lifetime of therapy, orthotics, and reconstructive surgery.

"Erb's palsy cases are won or lost on the delivery-room documentation. What maneuvers were performed, in what order, how long each took, how much traction was applied, whether fundal pressure was used. The chart tells the story of whether the standard of care was followed or whether a physician panicked and pulled too hard. ACOG Practice Bulletin No. 178 is explicit that aggressive lateral traction on the fetal head is associated with brachial plexus injuries, and when a chart shows that practice, the case is very strong."

Michael S. Porter, J.D., Porter Law Group

What Is Erb's Palsy?

Erb's palsy, sometimes called Erb-Duchenne palsy, is a weakness or paralysis of the arm caused by damage to a group of nerves in the shoulder area called the brachial plexus. These nerves run from the spinal cord through the neck and into the shoulder, arm, and hand, controlling movement and sensation throughout the upper limb.

The most common cause during childbirth is excessive pulling or stretching of the baby's head to one side while the shoulder is stuck against the mother's pelvic bone. This stretch damages the upper nerves (C5 and C6), which control the shoulder and elbow.

The classic sign of Erb's palsy is sometimes called the "waiter's tip" position: the affected arm hangs at the side, turned inward at the shoulder, with the elbow straightened and the wrist bent downward. The baby typically cannot lift the arm or bend the elbow, but can still move the hand and fingers because the lower nerves are unaffected.

According to medical research, Erb's palsy is the most common form of neonatal brachial plexus palsy, occurring in roughly 1.2 out of every 1,000 births.

Types of Brachial Plexus Birth Injury

There are several patterns of nerve injury at birth, and the differences matter for treatment and recovery:

The severity of the nerve damage itself also matters. Some injuries are a temporary stretch that heals fully in weeks. Others involve deeper nerve damage that takes months to recover, may require surgery, or in the most severe cases, may be permanent.

What Causes Erb's Palsy During Delivery?

Most Erb's palsy injuries happen during a complication called shoulder dystocia, which is when the baby's shoulder becomes lodged behind the mother's pelvic bone after the head has been delivered. This is an obstetric emergency, and how the delivering physician responds in those moments is critical.

Medical guidelines from the American College of Obstetricians and Gynecologists (ACOG) lay out a specific sequence of steps for managing shoulder dystocia safely. The recommended approach is to:

1. Recognize and announce the emergency, call for additional help, and keep track of time.
2. Perform the McRoberts maneuver first, which involves bending the mother's legs back sharply toward her abdomen. This alone resolves many shoulder dystocias.
3. Apply suprapubic pressure (pressure above the pubic bone) at the same time.
4. If those steps don't work, attempt to deliver the baby's back arm or use internal rotation techniques.
5. Avoid fundal pressure (pushing on top of the uterus) and avoid pulling hard on the baby's head to the side. Both are linked to a high rate of nerve injuries.

When doctors skip steps, apply too much force, or fail to follow this sequence, the result can be permanent nerve damage that could have been avoided.

Factors that increase the risk of shoulder dystocia and Erb's palsy include a large baby (over 9.9 lbs), maternal diabetes, a prior difficult delivery, use of forceps or vacuum during delivery, prolonged pushing, and certain fetal positions. When these risk factors are present and a doctor either fails to offer a planned cesarean or mismanages the emergency, the resulting Erb's palsy may be considered medical malpractice.

It is also important to know that Erb's palsy can occur even when there is no documented shoulder dystocia. ACOG has confirmed this in its medical literature, which directly counters the common defense argument that the absence of a charted emergency means nothing went wrong. Erb's palsy can also occur during cesarean deliveries, though less frequently, usually due to excessive pulling during delivery through the uterine incision.

Will My Child Recover From Erb's Palsy?

Recovery depends largely on how severe the nerve damage is. In less severe cases, where only the upper two nerves (C5 and C6) are involved, approximately 90% of infants recover on their own over time. However, cases involving more nerves, or injuries where the nerve root is torn from the spinal cord, have a much lower chance of spontaneous recovery and almost always require surgery.

Treatment typically follows a progression:

• Shortly after birth through the first few months: Daily physical therapy and range-of-motion exercises to keep the joints and muscles from stiffening up.
• If recovery is not happening by 3 to 6 months: A specialist evaluation is recommended to determine whether surgery is needed.
• Between 4 and 9 months of age: Primary nerve surgery such as a nerve graft or nerve transfer may be performed if the arm is not responding to therapy.
• Toddler and school-age years: Some children need additional procedures to correct muscle imbalances or skeletal issues that develop as they grow.

Even with surgery, full recovery is not guaranteed. According to a review published by the Pediatric Orthopaedic Society of North America (POSNA), roughly 1 in 10 brachial plexus birth injuries persist beyond one year and may require ongoing surgical care. Children with severe injuries can face lifelong limitations including arm weakness, a shorter affected arm, shoulder joint problems, and difficulty with everyday tasks.

For a family navigating this diagnosis, the first year of follow-up with a pediatric nerve specialist is usually the most telling period for understanding a child's long-term prognosis.

What Compensation Can You Recover for an Erb's Palsy Injury?

New York has no cap on damages in medical malpractice or birth injury cases. For a child with a permanent deficit, an Erb's palsy claim can involve substantial compensation across four main categories:

Future medical and surgical care. The treatment path for moderate to severe Erb's palsy often includes years of physical and occupational therapy, nerve surgery in infancy, secondary reconstructive procedures as the child grows, orthotics, and ongoing care into adulthood. Life care plans for these cases routinely project several million dollars in future medical costs.

Lost future earning capacity. A child with permanent weakness in their dominant arm loses access to many occupations and trades. Financial experts calculate this loss based on the child's specific limitations, educational background, and wage data.

Pain and suffering. New York does not cap non-economic damages. For a child who will live decades with a permanent arm deficit, this category of compensation can be significant.

Parents' separate claim. Parents may also be entitled to recover the medical expenses they paid on the child's behalf and other related losses. This claim has its own deadline that is separate from the child's claim and is not extended by the child's age. It is one of the most commonly missed deadlines in birth injury cases.

FIND OUT WHAT YOUR CHILD'S ERB'S PALSY CASE IS WORTH →

Recent Case Results

Porter Law Group's published results include 53 cases at or above $1 million, with multiple pediatric recoveries exceeding $8 million.

$8,300,000 Settlement. A premature infant suffered profound and permanent disabilities, including cerebral palsy, after physicians failed to properly manage the mother's pre-gestational diabetes, the same metabolic condition that is a leading risk factor for macrosomia and shoulder dystocia. The structured settlement provides lifetime care and therapy funding.

$8,250,000 Settlement. An infant sustained permanent physical and cognitive disabilities after a delayed response to fetal distress during labor.

$8,120,000 Settlement. An infant suffered permanent delivery-related injuries caused by mismanaged labor and delivery. The recovery funded a life care plan built with the family's physicians and therapists.

Every case is different. Past results do not guarantee future outcomes.

How Long Do I Have to File an Erb's Palsy Lawsuit in New York?

The deadline to file an Erb's palsy claim in New York depends on where the delivery took place. This is one of the most important things to understand, because some deadlines are much shorter than families expect.

If your child was born at a public or state-operated hospital, the 90-day notice deadline is critical. Missing it can bar the claim entirely. Contact an Erb's palsy attorney as soon as possible if you have any concerns about your timeline.

ACT NOW BEFORE YOUR ERB'S PALSY CLAIM DEADLINE EXPIRES →

Was Your Baby Diagnosed with Erb’s Palsy in New York?

Find out if your child has a case. Our birth injury attorneys review your situation at no cost and no obligation. Call (833) PORTER-9 or fill out the form to get started.

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What Should You Do If You Suspect an Erb's Palsy Birth Injury?

If you believe your child's Erb's palsy may have been caused by how the delivery was handled, here are the most important steps to take:

1. Request your complete labor and delivery records. Under New York law, you are entitled to both your and your child's full medical records. The key documents are the delivery notes, any shoulder dystocia documentation, nursing notes that track what maneuvers were used and how long each took, and the newborn's examination records. Ask your hospital's medical records department for these in writing.

2. Keep a log of every medical and therapy visit. Write down every appointment with physical therapy, occupational therapy, pediatric orthopedics, pediatric neurology, or hand surgery, along with the date and what was discussed. The child's recovery progress over the first year plays a major role in determining both prognosis and compensation.

3. Photograph your child's affected arm regularly. Take photos of the resting position of the arm, its range of motion, and any size difference between the two arms. Start as early as possible after birth and continue monthly through the first year.

4. Contact an Erb's palsy attorney right away if your child was born at a public or state hospital. Deliveries at municipal or county hospitals trigger a 90-day deadline to file a Notice of Claim. Deliveries at SUNY or other state-run hospitals trigger a 90-day deadline to file a Notice of Intention. Missing either deadline can permanently bar your claim.

5. Get a free consultation with an Erb's palsy birth injury attorney. Porter Law Group reviews cases at no cost and no obligation, handles every step from record collection through trial, and only gets paid if you win.

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Erb's Palsy Lawyers Near You in New York

Porter Law Group represents families in Erb's palsy and related birth injury cases throughout New York State. The firm's Syracuse headquarters serves Central and Upstate New York, and attorneys travel regularly to downstate courthouses for cases in the five boroughs, Westchester, and Long Island.

Serving Clients statewide, including Syracuse, New York City, Buffalo, Rochester, Albany, Yonkers, White Plains, Utica, Binghamton, Long Island (Nassau and Suffolk Counties), Saratoga Springs, Watertown, Ithaca.

Wherever your child was injured in New York, call (833) PORTER-9 for a free consultation with an experienced Erb's palsy attorney.

Frequently Asked Questions About Erb's Palsy Cases in New York

Is Erb's palsy always the result of malpractice?

Not always, but the majority of permanent Erb's palsy injuries follow excessive pulling that goes against established obstetric guidelines. The recommended response to a shoulder dystocia is a specific, step-by-step sequence that begins with repositioning techniques, not aggressive pulling on the baby's head. When delivery records show that a physician skipped recommended steps or used excessive force, that is often strong evidence of malpractice. Cases without a documented emergency can also involve negligence, such as a failure to offer a planned cesarean despite known risk factors, or excessive force during what appeared to be a routine delivery.

What is the difference between Erb's palsy and Klumpke palsy?

Erb's palsy is the most common type of birth-related arm nerve injury. It affects the upper nerves (C5 and C6) and causes the arm to hang inward at the side with the wrist bent downward. Klumpke palsy is much rarer and affects the lower nerves (C8 and T1). It causes weakness in the hand and forearm and can also cause a drooping eyelid, a smaller pupil, and reduced sweating on one side of the face. Mixed injuries involving all nerves from C5 to T1 are the most severe and have the hardest recovery.

My child was born by cesarean. Can they still have Erb's palsy?

Yes. While Erb's palsy is more common during vaginal delivery, it can and does occur during cesarean deliveries. This can happen due to excessive pulling during extraction of the baby through the incision, a too-small incision, or other handling issues. Because cesarean deliveries are often chosen specifically to avoid the risks of a difficult vaginal birth, an Erb's palsy injury during a cesarean may point to a separate deviation from the standard of care. These cases deserve a careful review by an attorney and medical expert.

What if the hospital says there was no shoulder dystocia?

A missing or absent shoulder dystocia note does not close the door on a malpractice claim. Medical guidelines from ACOG acknowledge that brachial plexus injuries can occur without a clearly recognized shoulder dystocia. Cases without a charted emergency may still involve negligence: failure to offer a planned cesarean where risk factors were present, use of vacuum or forceps against standard guidance, excessive pulling during an otherwise routine delivery, or incomplete documentation of an emergency that did occur. A thorough review of the delivery records by an experienced obstetric expert is needed before drawing any conclusions about liability.

Does Erb's palsy cause any other long-term complications?

Yes. As a child with Erb's palsy grows, secondary problems are common, particularly if the injury was not fully treated. These can include shoulder joint deformity, the shoulder slipping partially or fully out of joint, tightening and limited rotation of the shoulder, an arm that grows shorter than the other, and muscle imbalances across the shoulder and upper arm. Some children also have a collarbone or upper arm fracture from the original delivery. A complete life care plan for an Erb's palsy case needs to account for both the nerve injury and these physical complications over the child's lifetime.

How are Erb's palsy settlements calculated?

Because New York has no cap on damages in medical malpractice cases, the value of a settlement is based on the specific facts of each case. The largest portions are typically future medical care, lost earning capacity, and non-economic damages for pain and suffering over the child's entire life. Every settlement involving a minor must be approved by a judge. Attorney fees in New York medical malpractice cases brought on behalf of a child follow a sliding scale set by state law: 30% of the first $250,000 recovered; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; and 10% of anything above $1.25 million.

What Clients Say About Porter Law Group

Meet the Attorney

Michael S. Porter, J.D.

Michael S. Porter is the founder and managing partner of Porter Law Group, representing New York families in Erb's palsy, birth injury, medical malpractice, and catastrophic injury cases. A graduate of Harvard University (B.A., 1994) and Syracuse University College of Law (J.D., 1997), Porter served four years as a Captain in the U.S. Army Judge Advocate General's Corps. He has been recognized by Super Lawyers, holds a 10.0 Superb rating on Avvo, and a Distinguished rating from Martindale-Hubbell.

Bar Admissions: New York State Bar | U.S. District Court, Northern and Western Districts of New York

Memberships: New York State Bar Association, Onondaga County Bar Association, New York State Academy of Trial Lawyers, Multi-Million Dollar Advocates Forum

Contact Porter Law Group Today

If your child was diagnosed with Erb's palsy following a New York delivery, some deadlines may be closer than you think. Public hospital cases require action within 90 days of the injury. Parents' own claims have their own separate deadline. And most birth injury cases must be filed before the child's 10th birthday.

Contact an experienced Erb's palsy attorney at Porter Law Group today for a free, no-obligation consultation. There is no fee unless you win.

Phone: +1 833-767-8379

Email: info@porterlawteam.com

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