Grand Rapids Erb’s Palsy And Brachial Plexus Injury Lawyers

Erb’s palsy occurs when the brachial plexus, the nerves controlling movement and sensation in the arm and hand, sustains damage during the delivery process. It can cause paralysis of the affected arm, leading to long-term physical challenges for the child. Although people with Erb’s palsy live long and productive lives, they often endure difficulties that would not have occurred if their doctor had used more care.

Does your child have Erb’s palsy or a brachial plexus injury because of a medical provider’s negligence? At Mabbitt Bhimani Law, we know what you are going through. We have devoted our careers to helping the survivors of medical malpractice and their loved ones. We care passionately about protecting your rights and recovering maximum compensation for your damages.

We have backgrounds in insurance defense, which means that we can anticipate how hospitals and insurance companies think.

How An Erb’s Palsy Birth Injury Can Change A Child’s Life

There are three categories of Erb’s palsy:

• Neurapraxia: A mild form of nerve damage in the arm or hand.
• Axonotmesis: Damage to a peripheral nerve.
• Neurotmesis: The most severe form of Erb’s palsy. It occurs when both the nerve and the sheath of the nerve receive damage.

Several incidents can cause or contribute to Erb’s palsy such as:

• Shoulder dystocia: When the baby’s shoulder gets caught behind the mother’s pelvis during delivery
• Excessive pulling: Improper handling of the baby during birth
• Use of forceps or vacuum extractors: Tools that can cause nerve damage if used incorrectly
• Breech birth: When the baby comes out of the womb feetfirst, increasing the risk of nerve injury
• Large birth weight: When a baby’s higher birth weight increases the risk of brachial plexus injuries during delivery

In each of these situations, the physician’s technique and judgment during delivery are critical. Applying excessive traction – pulling or twisting the baby’s head and neck with too much force or at the wrong angle – is a common thread in many Erb’s palsy cases.

It is especially relevant in shoulder dystocia deliveries, where the delivery team must act quickly and precisely under pressure. When a delivery team fails to follow proper protocol and a child sustains a brachial plexus injury as a result, that failure may constitute medical negligence.

Tragically, physician negligence is a common factor behind Erb’s palsy birth injuries. If your child suffered a brachial plexus injury during delivery at a West Michigan hospital such as Corewell Health Butterworth Hospital, Trinity Health Grand Rapids Hospital or Helen DeVos Children’s Hospital, our attorneys can review the delivery records to assess whether the standard of care was met.

How Hospital Defense Teams Fight Erb’s Palsy Claims – And How We Counter Them

When a family files an Erb’s palsy claim, hospitals and their insurers rarely accept responsibility without a fight. They may argue that the child’s brachial plexus injury was not caused by physician error but by the natural pressure of labor itself. They may frame the injury as an unavoidable complication rather than the result of negligence.

This argument is known as the “maternal propulsive forces” defense. To a jury without a medical background, it can be difficult to evaluate. Our founding attorneys spent years on the defense side of these cases, representing hospitals and insurers in medical malpractice litigation. They have used this defense firsthand. They understand exactly how it is constructed, what evidence defense teams rely on and where its weaknesses lie.

That experience now informs how we will challenge it on your behalf. As your legal counsel, we will examine the full delivery record, from fetal monitoring strips to labor and delivery nursing logs, to build a precise and well-supported account of what the evidence reveals.

We Help You Understand What To Expect

Filing an Erb’s palsy claim is often a long and difficult journey. We help you learn about the steps involved so that you feel more prepared. This is a broad overview of the key process:

1. Medical record review: Obtain and review medical records to identify any deviations from the standard of care
2. Expert testimony: Consult medical experts to provide testimony supporting your Erb’s palsy claim
3. Filing the claim: Submit a formal complaint against the responsible parties
4. Discovery process: Exchange information and evidence with the opposing party, including depositions and document requests
5. Settlement negotiations: Your Erb’s palsy lawyer will attempt to reach a fair Erb’s palsy settlement out of court
6. Trial preparation: If the parties do not reach a settlement, prepare for trial by gathering additional evidence and witnesses
7. Trial: Your Erb’s palsy lawyer will present your case in court, aiming for a favorable verdict
8. Appeal: If necessary, challenge the court’s decision through the appeals process

Under Michigan law, if your child’s injury was discovered or identified before their eighth birthday, you generally have until their 10th birthday to file a lawsuit. You must also serve every provider you plan to sue with a written Notice of Intent at least 182 days before a lawsuit can be filed. Preparing these steps correctly can take time. As soon as your child is diagnosed with Erb’s palsy, you need to explore your legal options.

Our Caring And Holistic Approach

We understand the emotional and financial toll that an Erb’s palsy or another birth injury can take on you, your child and your family. That is why we take a different approach from most law firms. We take a caring approach, prioritizing the overall well-being of our clients. We balance this empathy with thorough investigation and strategic legal action.

Part of that commitment means ensuring your claim reflects your child’s full future needs, not just today’s medical bills. We work with life care planners, medical professionals and economic analysts to document and pursue damages that may include:

• Ongoing physical and occupational therapy
• Surgical intervention such as nerve grafts or tendon transfers
• Assistive and adaptive equipment
• A formal life care plan projecting your child’s future medical needs and costs
• Future loss of earning capacity as an adult
• Pain, suffering and diminished quality of life

Although these cases are complex, we use our extensive experience and strategic thinking to achieve favorable outcomes. We are committed to providing personalized attention and support throughout the legal process, helping you make it through this challenging time to the other side.

You Are Not Alone – Reach Out To An Erb’s Palsy Attorney

If your child has a diagnosis of Erb’s palsy and you suspect medical negligence is the cause, it is time to get in touch. Contact us at Mabbitt Bhimani Law for a free consultation. Please schedule yours today by calling us at 616-326-1111 or using our online contact form.