Filing a New York Erb's Palsy Claim

New York personal injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP provide the highest level of legal representation for birth injury cases. Birth injuries can occur to both the newborn and mother when substandard care is given. Injuries to an infant can occur during pregnancy, during the process of birth, and the immediate care after delivery.

Our attorneys have substantial experience with cases involving birth injuries. We have handled many cases involving cerebral palsy, brain damage, ADHD, learning disabilities, and Erb's palsy.

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What Is Erb's Palsy?

Brachial Plexus Birth Palsy, commonly known as "Obstetrical Erb's Palsy," is a birth injury that occurs one to three times per every 1,000 births. It is named after German neurologist Wilhelm Heinrich Erb, who was one of the first physicians to document this condition. The term "Erb's Palsy" refers to varying degrees of paralysis to the arm resulting from nerve damage to the brachial plexus (a network of nerves that connect the spine to the arm and hand). This injury occurs during birth when, during delivery, the baby's head is stretched too far away from the shoulder, placing traumatic tension on the brachial plexus.

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What Are Symptoms of Erb's Palsy?

If you notice any of the following symptoms in your infant, have them examined by a qualified physician immediately:

  • The child is unable to move their shoulders, but able to move fingers
  • The child's arms are rotated in toward the body, palm pointing away from the body
  • Weakness in the arms
  • Lack of feeling in an arm
  • Full or partial paralysis of the arm

While most infants with Erb's Palsy will fully recover feeling and movement with daily physical therapy, some may need expensive nerve graft or nerve transfer surgeries. Unfortunately, in about 20 percent of the cases, the nerves are irreversibly damaged or even severed, causing permanent paralysis to the child.

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What Compensation May Be Available for an Erb's Palsy Birth Injury?

Hopefully, your child will fully recover from their injury with physical therapy. If not, you can seek compensation for the following damages:

  • Costs of physical therapy and rehabilitation
  • Costs of corrective surgeries
  • Permanent injury or disability
  • Pain and suffering
  • Lost wages from work missed for surgeries and doctor appointments
  • Household and vehicle modifications to accommodate the child's special needs
  • Loss of joy of life
  • Punitive damages

Many of our clients have sustained catastrophic injuries and will require support for the rest of their lives. Your New York City birth injury attorney can help you secure the financial settlement your family needs. In the tragic of event of losing a child, Wingate, Russotti, Shapiro, Moses & Halperin, LLP can also handle wrongful death cases on behalf of families whose loved ones have died from birth injuries.

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Call our New York Erb's Palsy Attorneys for a Free Consultation

If you or your child has suffered an injury due to improper care during your pregnancy or at the time of your delivery, the NY Erb's Palsy lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, would like to meet with you. Please contact our office at (212) 986-7353 to set up an appointment to discuss your case.

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Additional Information

Our Birth Injury Case Results

$10 Million - Suit Alleging Failure to Timely Perform C-Section

WRSMH attorney Philip Russotti obtained a $10 Million mediation settlement for failure to timely perform a Cesarean Section. The case was venued in Orange County, NY.

Philip Russotti

$6 Million - New York Birth Injury

WRSMH attorney, Phil Russotti, obtained a $6 million settlement for our client whose child suffered severe brain damage during birth.

Philip Russotti

$4.75 Million - New York Fetal Distress

We claimed that the baby should have been delivered by emergency C-Section or forceps delivery. He was ultimately diagnosed with cerebral palsy and spastic quadriparesis.


$3.9 Million - New York Birth Injury Case

Attorney Philip Russotti argued that as a result of this negligence, the child suffered hypoxia which resulted in mild retardation, severe ADHD and social isolation as well as difficulties with fine motor skills.

Philip Russotti

$1.3 Million - Infant-Plaintiff Suffered Brachial Plexus Injury at Birth

WRSMH obtained a $1,300,000 jury verdict, after a three week medical malpractice trial in Staten Island, on behalf of a 6-year-old girl who suffered a brachial plexus injury known as Erb's palsy.


$1.08 Million - Injuries Sustained by Baby Girl at Birth

We claimed that the hospital was negligent for not intervening and performing a cesarean section in light of the mother's failure to adequately progress in labor.

Clifford Shapiro

Click here to see more NY Birth Injury Verdicts & Settlements