SANTA CLARITA ERB'S PALSY INJURY ATTORNEYS

Erb's Palsy is a serious and often life-altering condition that affects newborns and can have lasting implications for both the affected child and their family. This page discusses what Erb's Palsy is, the associated risk factors, the role of medical malpractice in its occurrence, the physical and emotional effects on patients and their families, treatment options, and the specific California laws that apply to these claims.

What Is Erb's Palsy?

Erb's Palsy, also known as Erb-Duchenne Palsy, is a type of brachial plexus injury that affects the network of nerves controlling the arm and hand. It is typically caused by trauma to the brachial plexus nerves during childbirth. These nerves, located in the neck and shoulder area, are responsible for movement and sensation in the arm. When they are damaged, it can result in varying degrees of weakness or paralysis in the affected arm.

Risk Factors Associated with Erb's Palsy

• Shoulder dystocia: occurs when the baby's shoulder gets stuck behind the mother's pubic bone during delivery, often leading to excessive pulling on the baby's head and neck
• Large birth weight (macrosomia): babies significantly larger than average are at higher risk for shoulder dystocia and subsequent brachial plexus injuries
• Prolonged labor: extended labor can increase the risk of complications, including shoulder dystocia and injury to the brachial plexus
• Maternal diabetes: mothers with diabetes are more likely to have larger babies, increasing the risk of shoulder dystocia and Erb's Palsy
• Assisted delivery: the use of forceps or vacuum extraction during delivery can increase the risk of trauma to the baby's brachial plexus nerves
• Breech presentation: babies born feet-first are more likely to experience complications during delivery, including nerve injuries

The Role of Medical Malpractice in Erb's Palsy
Negligence or errors made by healthcare professionals during delivery can contribute to Erb's Palsy:

• Improper handling during delivery: excessive force or improper technique when addressing shoulder dystocia can cause trauma to the brachial plexus nerves
• Failure to recognize risk factors: healthcare professionals have a duty to identify and manage known risk factors, such as large birth weight or shoulder dystocia, including performing a cesarean section when appropriate
• Delayed intervention: prompt, correct intervention during shoulder dystocia is critical; delays can increase the risk of nerve damage
• Inadequate monitoring: failing to monitor the baby's condition during labor can result in missed signs of complications

How Medical Negligence Leads to Erb's Palsy

• Excessive pulling or traction on the baby's head during a difficult delivery, stretching or tearing the brachial plexus nerves
• Incorrect use of delivery instruments, such as forceps or vacuum extraction devices, causing trauma to the baby's arm and shoulder
• Failure to perform a cesarean section when risk factors like a large baby or shoulder dystocia are identified
• Inadequate response to shoulder dystocia, which requires specific techniques to free the shoulder without causing injury

Physical and Emotional Effects of Erb's Palsy

Physical effects:

• Limited arm movement, ranging from mild weakness to complete loss of movement
• Muscle atrophy in the affected arm due to disuse
• Functional impairments affecting everyday tasks like dressing, writing, or playing sports
• Skeletal deformities from chronic muscle weakness, including improper joint alignment and contractures

Emotional effects:

• Self-esteem issues related to physical limitations and appearance
• Emotional stress for both the affected individual and their family
• Social challenges from limited arm function, potentially leading to isolation

Impact on Families

• Emotional strain navigating a child's diagnosis, treatment, and ongoing needs
• Financial burden from medical treatments, physical therapy, and potential surgeries
• Caregiving demands that may require adjusting work schedules and providing daily support
• Impact on siblings, who may experience changes in family dynamics and attention

Treatment Options for Erb's Palsy

• Physical therapy: early, consistent therapy to improve movement and strength
• Occupational therapy: helping the child perform daily activities and improve fine motor skills
• Medications: pain management and anti-inflammatory medication as needed
• Surgical interventions: in severe cases, nerve repair surgeries, muscle transfers, or tendon releases
• Assistive devices: braces or custom splints to support positioning and movement
• Ongoing monitoring: regular follow-up to track progress and adjust treatment

California's Legal Framework for Erb's Palsy Claims

Erb's Palsy claims arising from a difficult delivery are medical malpractice claims, and are subject to specific California rules:

Statute of limitations: Under Code of Civil Procedure Section 340.5, a minor under the full age of six at the time of injury — which covers virtually every Erb's Palsy case — must file a claim within three years of the injury or before the child's eighth birthday, whichever period is longer. In practice, for a newborn, this almost always means the family has until the child's eighth birthday. A mandatory 90-day pre-filing notice to each healthcare provider is also generally required under Code of Civil Procedure Section 364.

MICRA damage caps: Non-economic damages (pain and suffering) are capped under the Medical Injury Compensation Reform Act. As of January 1, 2026, under the annual increase schedule established by Assembly Bill 35, the cap is $470,000 for non-death cases. This cap increases annually. Economic damages — including past and future medical expenses, therapy costs, and lost earning capacity — are not capped.

Frequently Asked Questions

How long do we have to file an Erb's Palsy claim in California?

For a child under six at the time of injury, which covers nearly all Erb's Palsy cases, the deadline is three years from the injury or the child's eighth birthday, whichever period is longer, in practice usually the eighth birthday. A mandatory 90-day pre-filing notice to healthcare providers is also required before filing suit.

Is Erb's Palsy always caused by medical malpractice?

Not necessarily. Erb's Palsy can occur even with appropriate medical care, particularly in deliveries involving risk factors like a large baby or shoulder dystocia. A claim requires showing that a healthcare provider's care fell below the accepted standard and caused or worsened the injury.

Are damages capped in an Erb's Palsy case?

Non-economic damages are capped under MICRA — $470,000 as of 2026, increasing annually. Economic damages, including medical expenses, therapy costs, and lost future earning capacity, are not capped.

Can Erb's Palsy improve over time?

Many children see improvement with early, consistent physical and occupational therapy, though outcomes vary significantly depending on the severity of the nerve injury. Some cases require surgical intervention, and some result in permanent, lasting impairment.

Talk to a Santa Clarita Erb's Palsy Attorney Today
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If you suspect that medical negligence may have contributed to your child's Erb's Palsy, contact the Law Office of Robert M. Mansour to understand your rights and get honest, straightforward guidance. We serve Santa Clarita, Valencia, Canyon Country, Newhall, Castaic, Stevenson Ranch, Saugus, and the surrounding Santa Clarita Valley. Call or text today for a free consultation.

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