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Rhode Island Erb’s Palsy Lawyers

Call (401) 200-4059 If Medical Negligence Caused Your Infant to Suffer Erb's Palsy

Erb’s palsy, also referred to as Erb-Duchenne palsy, is a type of movement disorder characterized by partial or total paralysis of the arm. It is caused by injury to the upper part of the brachial plexus, a bundle of nerves that extends through the shoulder and down into the arm, wrist, and hand. Erb’s palsy is most often associated with shoulder dystocia, a complication during childbirth where the baby’s shoulder becomes lodged behind the mother’s pubic bone.

After an Erb’s palsy diagnosis, it will be important to consider whether you received standard care during labor and delivery. If a mistake or act of negligence was the cause of your child’s condition, you deserve to hold the negligent doctor or nurse responsible for their conduct. Decof, Mega & Quinn, P.C. has a long history of representing clients in birth injury actions across Rhode Island. For over 40 years, we have worked to help the injured and their families rebuild toward brighter futures.


Call (401) 200-4059 for a free consultation with a Rhode Island Erb’s palsy lawyer at our firm.


Causes of Erb's Palsy

  • Shoulder Dystocia: This occurs when the baby's shoulder gets stuck behind the mother's pubic bone during delivery, leading to excessive pulling on the infant's head and neck, causing nerve damage.
  • Large Birth Weight (Macrosomia): Babies with a higher birth weight are more likely to experience difficult deliveries, increasing the risk of brachial plexus injury.
  • Breech Birth: When a baby is delivered feet or buttocks first, there is a higher risk of excessive pulling and stretching of the brachial plexus nerves.
  • Prolonged Labor: Extended labor can increase the likelihood of complications, including shoulder dystocia, which can lead to Erb's palsy.
  • Assisted Delivery Tools: The use of forceps or vacuum extraction during delivery can sometimes exert excessive force on the baby's neck and shoulders, resulting in nerve injury.
  • Maternal Factors: Conditions such as maternal diabetes can lead to larger babies and more challenging deliveries, increasing the risk of Erb's palsy.

Symptoms of Erb's Palsy

Erb's palsy presents with a range of symptoms, primarily affecting the shoulder, arm, and hand on the affected side. These symptoms arise due to injury to the upper brachial plexus nerves (C5-C6).

Here are the common symptoms:

  • Weakness in the Arm: The affected arm displays reduced muscle strength compared to the unaffected arm, making movements like lifting the arm or bending the elbow challenging.
  • Limited Movement: Difficulty arises in moving the shoulder, elbow, and arm, often resulting in the arm hanging limp by the side or held close to the body due to muscle weakness.
  • Arm Positioning: The arm tends to be internally rotated with the hand turned outward, and the forearm may appear extended and positioned with the palm facing downward or backward.
  • Loss of Sensation: Sensation in the affected arm, including the shoulder and hand, may be diminished or absent, impacting the ability to feel touch or pain stimuli.
  • Abnormal Reflexes: In infants, the Moro reflex (startle reflex) on the affected side may be absent, and reflexes like the biceps reflex may be diminished or lacking.
  • Muscle Atrophy: Over time, lack of use due to limited movement can lead to muscle wasting or atrophy in the affected arm, further impairing strength and function.
  • Claw Hand Deformity: In severe cases, muscle imbalance and contractures can cause the hand to take on a claw-like appearance, affecting the ability to grasp objects normally.
  • Pain or Discomfort: Some individuals may experience pain or discomfort in the affected arm, which can vary in intensity depending on the severity of nerve damage or muscle tension.

Is Erb’s Palsy Linked to Medical Malpractice?

Not every case of Erb’s palsy can be linked to medical malpractice. A meticulous investigation and careful preparation and presentation of evidence by expert witnesses, will be necessary to identify and prove fault. Our Rhode Island attorneys will pursue legal justice against the medical team that provided negligent care during your child's delivery.

In investigating an Erb’s palsy claim, we will consider the following:

  • Did the doctor/nurse in question act as a reasonable medical professional would have in the same or similar situation, with the same or similar tools at their disposal?
  • Did this deviation cause brachial plexus injury?

Mismanagement of shoulder dystocia or failing to recommend a C-section in a high-risk pregnancy are examples of conduct that may provide grounds for a viable Erb’s palsy lawsuit. No two cases are the same, however, and it will still be necessary to establish proof of fault. Our Rhode Island Erb’s palsy attorneys can assess your individual situation to determine how best to proceed. Should the evidence prove that your child's Erb's palsy birth injury was preventable, our team will work to prove this fact and help your family receive adequate compensation.


Find out more about Decof, Mega & Quinn, P.C. and how our attorneys can help by calling (401) 200-4059.


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