Kramer, Dillof, Livingston & Moore (KDLM) represents families in New York when a baby is injured during delivery, including Erb’s palsy and other brachial plexus injuries. The firm has published a $7,407,708 settlement for a child with Erb’s palsy and delays caused by malpractice during birth. Call (212) 618-6800 to discuss the records and deadlines.
What is Erb’s palsy, and how is it different from Klumpke’s palsy?
Erb’s palsy is a nerve injury that can affect the shoulder, arm, and hand. It involves the upper part of the brachial plexus, the network of nerves that runs from the neck into the arm. Klumpke’s palsy, which KDLM also describes on its birth injuries page, is a related injury that can affect the lower arm and hand. Both can leave a child with lasting weakness, limited motion, or need for therapy and surgery.
The National Institute of Neurological Disorders and Stroke describes brachial plexus injuries, also known as Erb’s palsy and Dejerine-Klumpke palsy, as nerve injuries that can happen to babies during birth, often when a baby’s shoulders become impacted and the nerves stretch or tear. NINDS notes that some children injured during birth improve or recover on their own by 3 to 4 months of age; others need therapy or, in more severe cases, surgery.
How can a brachial plexus injury happen during birth in New York?
These injuries are often discussed in connection with shoulder dystocia, when a baby’s shoulder becomes stuck after the head is delivered, and with traction or stretching of the neck and shoulder during delivery. Not every brachial plexus injury is caused by malpractice. A New York birth injury case turns on whether the obstetric team departed from accepted care — for example, in how they recognized and managed a difficult delivery — and whether that departure caused the nerve injury.
What records matter in an Erb’s palsy investigation?
- Prenatal records, including estimated fetal weight, maternal diabetes or obesity notes, and prior shoulder-dystocia history if recorded.
- Labor and delivery notes, fetal monitoring tracings, and the operative or delivery summary.
- The exact description of maneuvers used, any mention of traction, and the timing of decisions about a cesarean or instrumental delivery.
- Neonatal and pediatric neurology records, imaging, and therapy evaluations that document the child’s deficits over time.
Expert obstetric and pediatric-neurology review is usually required. Families should not assume that a consent form, a “recognized complication” note, or a hospital apology answers the standard-of-care question.
What published KDLM result relates to Erb’s palsy?
KDLM’s homepage lists a $7,407,708 birth-injury settlement “for a child with Erb’s palsy and delays caused by malpractice during birth.” That is a published firm result. It does not predict the value of another child’s case. Other birth-injury and cerebral palsy matters are described on the birth-injuries practice page and on Landmark Verdicts, including a $130 million birth-injury verdict.
How long do New York families have to act?
Medical malpractice claims in New York are generally subject to a two-year-and-six-month statute of limitations under CPLR 214-a, with special rules that can apply to claims involving infants and to continuous treatment. Government hospitals can also require a much shorter notice of claim. A lawyer should date the deadlines from the actual records rather than from a blog summary.
For a free consultation about a possible New York Erb’s palsy or brachial plexus birth injury claim, call (212) 618-6800 or contact Kramer, Dillof, Livingston & Moore at 217 Broadway, 10th Floor, New York, NY 10007. For qualifying matters, there is no fee unless we win. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
What are the signs and symptoms of Erb’s palsy?
Erb’s palsy is a condition that can follow an injury to the brachial plexus around childbirth. Symptoms of Erb’s palsy can include weakness or paralysis in the shoulder and arm, limited movement, or a limp-appearing arm. The severity of the injury varies. Some infants improve with therapy; others have lasting nerve damage. A pediatric or neurologic exam, not a blog, determines the diagnosis.
Erb’s palsy is a birth injury in many of the cases families bring to a birth injury lawyer. It is not the same as every other type of arm weakness, and every Erb’s palsy case is different.
Can medical negligence during delivery cause Erb’s palsy, and how can it be proven?
Not every child diagnosed with Erb’s palsy has a medical malpractice case. Some brachial plexus injuries occur even when the medical professional meets the accepted standard of care. In other deliveries, families and experts ask whether excessive force, a mismanaged shoulder dystocia, or another departure during passage through the birth canal caused damage to the brachial plexus.
Those are medical negligence questions, including whether a provider was negligent or the injury was due to medical error. Common causes of Erb’s palsy include a difficult shoulder delivery and related brachial plexus palsy patterns, but causes must be proven. Proof usually requires the labor-and-delivery medical records, expert review of how the brachial plexus nerves were placed at risk, and a comparison with accepted obstetric practice. A New York Erb’s palsy attorney or birth injury attorney, including an experienced birth injury lawyer, can help a family evaluate whether the facts support a medical malpractice claim in these injury cases. KDLM’s palsy attorneys review experienced birth injury files of this kind.
What compensation can families seek in an Erb’s palsy case?
If a palsy lawsuit succeeds, damages may include medical expenses, therapy, and future medical care, as well as pain and suffering and effects on a child’s quality of life. This article does not quote an average settlement or predict a result. Erb’s palsy lawsuits can help some families recover those costs when negligence is proven; they do not guarantee a recovery.
How can an Erb’s palsy lawyer help my family?
An Erb’s palsy lawyer can help by gathering records, identifying deadlines under the New York statute of limitations, working with medical experts, and explaining whether a birth injury lawsuit is realistic. KDLM is a New York law firm whose injury lawyers review palsy cases and other birth injuries. For a free consultation, contact us at (212) 618-6800. In qualifying matters, there is no fee unless we win.
Erb’s palsy in New York: FAQ
What is the difference between Erb’s palsy and a shoulder dystocia event?
Shoulder dystocia describes a delivery complication in which the baby’s shoulder is impacted after the head is delivered. Erb’s palsy is a brachial plexus nerve injury that can occur in that setting, or in other deliveries, if the nerves are stretched or torn. One can occur without the other; the medical record has to be reviewed.
Does every New York Erb’s palsy case mean there was malpractice?
No. The question is whether the providers departed from accepted obstetric practice and whether that departure caused the injury. That usually requires expert review of the prenatal, labor, and delivery records.
What KDLM result involves Erb’s palsy?
KDLM has published a $7,407,708 settlement for a child with Erb’s palsy and delays caused by malpractice during birth. Past results do not predict a future outcome.
How do I contact a New York Erb’s palsy lawyer at KDLM?
Call (212) 618-6800 or contact Kramer, Dillof, Livingston & Moore at 217 Broadway, 10th Floor, New York, NY 10007 to schedule a free consultation.
How long do I have to file an Erb’s palsy lawsuit in New York?
New York medical malpractice deadlines are often two years and six months, but claims involving children and public hospitals can follow different rules. An Erb’s palsy lawsuit should be evaluated promptly. Only counsel reviewing the records can apply the statute of limitations to your dates.
Is a consultation with an Erb’s palsy lawyer free?
KDLM offers a free consultation about a possible New York Erb’s palsy or other brachial plexus birth injury matter. Call (212) 618-6800. In qualifying cases, there is no fee unless we win. Contact us today if you want the records reviewed.
Does every child with Erb’s palsy have a medical malpractice case?
No. Erb’s palsy may follow a difficult delivery even when the accepted standard of care was met. A lawyer who understands New York birth-injury litigation will look at the records before recommending that a family file an Erb’s palsy claim.
Sources
- Live KDLM birth-injuries page, 10 Nov 2026: https://kdlm.com/practice-areas/birth-injuries/ (lists Erb’s palsy, Klumpke’s palsy, brachial plexus, shoulder dystocia)
- Live KDLM homepage, 10 Nov 2026: $7,407,708 settlement for a child with Erb’s palsy and delays caused by malpractice during birth
- Live Landmark Verdicts (verified 9–10 Nov 2026 package): $130 million birth-injury verdict
- CPLR 214-a: https://www.nysenate.gov/legislation/laws/CVP/214-A