Birth Injury Lawyer | Cerebral Palsy, Erb’s Palsy, Infant Brain Damage

Babies with birth injuries need legal assistance to help them attain the medical care they require and compensation for their pain and suffering. Here’s a list of things you should know about cerebral palsy, erb’s palsy, infant brain damage.

The “baby food lawyer” is a company that specializes in representing children who have suffered brain damage or cerebral palsy. The company has offices in New York and Los Angeles, with other locations planned soon.

Birth Injury Lawyer | Cerebral Palsy, Erb's Palsy, Infant Brain Damage

What is the definition of a birth injury?

A birth injury, also known as birth trauma, is harm to a newborn that occurs during labor and delivery. A birth injury may result from a variety of factors, including oxygen deprivation, high head or body pressure, maternal illnesses, and tough labor. A small injury, such as a scratch or bruise, may progress to a lifelong damage, such as cerebral palsy or brain trauma.

What Is a Birth Injury, Exactly?

Is it Possible to Avoid Birth Injuries?

Birth injuries are, for the most part, avoidable. The following are examples of scenarios that may result in a birth damage as a consequence of medical malpractice:

  • During birth, improperly tugging or twisting the infant
  • Medical equipment, such as vacuum extraction tools or forceps, are mishandled.
  • During childbirth, giving the woman the incorrect treatment or the improper quantity of medication
  • Not keeping a close eye on the baby’s heartbeat for signs of concern.
  • When it’s established that the infant is in distress, an emergency C-section isn’t performed.

What Is Cerebral Palsy and How Does It Affect You?

Cerebral palsy develops when the brain develops abnormally or suffers injury that affects muscular coordination and movement. According to the Centers for Disease Control and Prevention, up to 90% of cerebral palsy occurrences develop before or during the delivery process (CDC).

Cerebral palsy may range in severity from mild deficits to total muscular paralysis.


Fetal discomfort, umbilical cord issues, and improper fetal position are all examples of circumstances that may place a newborn at risk for cerebral palsy. Cerebral palsy, on the other hand, may be prevented in these and other circumstances if medical practitioners handle them properly and adhere to standards of care.

For example, if a newborn is distressed during delivery because his or her heart rate decreases substantially, this may lead to oxygen deprivation, which can cause cerebral palsy-like brain damage. In such case, the birth should take place as quickly as possible, which may need an emergency C-section to avoid prolonged oxygen deprivation. If a doctor fails to intervene in this situation and an injury results, the doctor may be held responsible for the brain damage.

Read more: What Causes Cerebral Palsy in My Child?

Should You File a Lawsuit for Cerebral Palsy?

A cerebral palsy lawsuit won’t be able to repair the harm caused by the birth accident that caused the cerebral palsy, but it may help your kid and family get financial compensation to cover medical expenses and, in some instances, lifelong care.

What Is Erb’s Palsy and How Does It Affect You?

Erb’s palsy is a weakening or paralysis of the arm caused by nerve injury, which occurs often in newborns. When a baby is pushed or forced into delivery when the shoulder is trapped behind the pelvic bone, this is what occurs. Shoulder dystocia is another name for this kind of birth. The brachial plexus, a system of nerves in the neck and shoulder region, may be damaged by such a delivery. Erb’s palsy is the result of this injury.

In some instances, Erb’s palsy may self-correct, but in others, surgery is required to help heal the damage and restore movement.

Erb’s palsy is known by a variety of names, including:

  • Palsy of the brachial plexus
  • Erb-Duchenne palsy is a kind of cerebral palsy.
  • Erb’s paralysis is a condition in which a person is unable to
  • Duchenne-Erb palsy is a kind of muscular dystrophy.
  • Duchenne-Erb syndrome is a kind of muscular dystrophy.
  • Erb-Duchenne type upper brachial plexus paralysis

What Is Shoulder Dystocia and How Does It Affect You?

Shoulder dystocia may occur when the baby is too large to pass through the birth canal, when the face pulls on the infant, or when the baby is delivered face first or in a breached posture.

These situations may result in the baby being trapped or lodged in the mother’s pelvic bone, putting a lot of strain on the infant’s shoulder and/or neck.

When the baby’s head is already out, it is usually recognized. Damage to the brachial plexus, fractured bones, and facial injuries may occur if a doctor attempts to push the infant out.

Read more about Shoulder Dystocia: What Causes It?

What Is Brachial Plexus and How Does It Work?

When the brachial plexus nerves are injured, it causes a brachial plexus injury. From the spinal cord, the brachial plexus nerves go down the neck and into the arms.

Muscle weakness in the neck and shoulder region, complete or partial paralysis in the afflicted arm, and no or limited mobility on the affected side are all symptoms of a brachial plexus injury.

Brachial plexus injuries are also known as:

  • Palsy of the brachial plexus
  • Erb’s palsy is a kind of paralysis.
  • Klumpke’s palsy is a kind of paralysis.

What is a traumatic brain injury (TBI)?

Birth trauma may result in brain damage due to oxygen deprivation, physical stress, and maternal illnesses. As a consequence of the brain injury, the kid may be disabled for the rest of his or her life.

Autism, attention deficit hyperactivity disorder (ADHD), poor eyesight, and cerebral palsy may all be caused by a lack of oxygen. Misuse of birthing instruments, as well as excessive tugging or twisting during labor, may result in physical damage. Premature birth or a quick or lengthy delivery are two more reasons.

Cystitis, pyelonephritis, venereal warts, vaginal yeast infections, the herpes simplex virus, group B strep, and urinary tract infections are some of the maternal diseases that may cause brain damage.

In order to prevent damage to the infant, physicians should check mothers for infections during prenatal appointments.

Continue reading: What Is Infant Brain Damage?

A “macular degeneration class action lawsuit” is a type of legal case that can be brought against the companies that manufacture or distribute products such as eye drops, contact lenses, and drugs. The plaintiff in this type of case can claim damages for any injuries caused by the product.

Frequently Asked Questions

Can you sue for Erbs palsy?

A: No, I cant sue for Erbs palsy. This is because it would be illegal to file in a court of law.

Can you sue for brachial plexus injury?

A: No, I cannot.

Is Erbs palsy a birth defect?

A: No. It is a condition that occurs in some people with weakened nerve function.

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