If your child was diagnosed with Erb’s palsy following their birth, you might be entitled to compensation, and Munley Law’s Allentown Erb’s Palsy attorneys can help you pursue it.
Munley Law is one of the most respected personal injury firms in the region, known for strong results in birth injury cases, including Erb’s palsy claims. Our Allentown birth injury lawyers understand the legal and medical issues involved and guide clients through every step of the claims process. We have nearly seven decades of experience and have secured over $1 billion in personal injury settlements and verdicts to date. Additionally, all our attorneys have won numerous awards and recognitions. Marion Munley has been named Lawyer of the Year for Medical Malpractice Law by Best Lawyers, and Caroline Munley is named to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania and Top 25 Women Trial Lawyers in Pennsylvania lists.
Whether you’re just beginning to understand what went wrong or you are ready to file a claim, Munley Law’s attorneys offer a no-obligation, free consultation so you can learn your legal options without upfront costs or risk.
What is Erb’s Palsy?
Erb’s palsy is a nerve condition in the shoulders and arms that results in weakened muscles or loss of muscle function. Each year, nearly 12,000 newborns are diagnosed with Erb’s palsy, also known as brachial plexus birth palsy. Also known as brachial plexus birth palsy, it occurs after a trauma, most commonly following a difficult delivery where the doctor had to maneuver the baby’s head to deliver fully.
Erb’s palsy, more specifically, affects the brachial plexus, a group of five nerves that connect to the spine, arm, and hand. These nerves work together to the shoulder, arms, and hands to produce movement and feeling. When these nerves are stretched or torn, Erb’s palsy may result.
About 2 in every 1,000 babies are born with Erb’s Palsy in the US. Erb’s Palsy has a generally good prognosis if treated within four weeks. If not, 20-30% of these babies will have permanent damage. Approximately 10% of all infants with this condition do not recover, and the lifetime healthcare expenses can reach $1 million, depending on the severity of the baby’s injuries.
Contact a Medical Malpractice Lawyer
Call Us At 844-686-5397 What Injuries Cause Erb’s Palsy?
While Erb’s palsy can also occur in adults who have experienced physical trauma, the most common injuries that cause Erb’s palsy in newborns are:
- Avulsion: The nerve is ripped away from the spine
- Rupture: The nerve is torn but not separated from the spine
- Neuroma: The nerve has torn and healed, leaving scar tissue that puts pressure on the injured nerve, blocking signals to the muscles
- Neurapraxia: The nerve is stretched but not torn
Any of these injuries can occur during the labor and delivery process, either during a vaginal birth or a cesarean section. Typically, birth injuries due to medical negligence occur when the doctor moves the baby’s head to one side to allow the shoulders to be delivered from the birth canal. A brachial plexus injury is often seen in larger babies who were part of a difficult delivery.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity.”
Caroline Munley
How Does Medical Malpractice Cause Erb’s Palsy?
Sometimes, Erb’s palsy results from the way the baby was lying inside the womb before birth. But in many cases, it results from an action taken or not taken during the delivery process.
Situations which may result in Erb’s palsy due to a doctor’s medical error or negligence include:
- Failing to account for difficult labor and delaying a C-section
- Using excessive force and pulling on the head, neck, or limbs causes the nerves to stretch or tear
- Not accounting for the baby’s size during delivery
Suppose healthcare providers did not provide the best medical treatment available during your labor, and it resulted in your child having brachial plexus palsy or Erb’s palsy. In that case, you may have an Erb’s palsy lawsuit.
How Can an Allentown Erb’s Palsy Attorney Help With My Case?
Doctors are trained to handle fetal distress, but when they do not act diligently, it results in a child’s injury; you have a right to full and fair compensation. An experienced birth injury lawyer from Munley Law can help you through the medical malpractice lawsuit.
First, our birth injury attorneys will evaluate your child’s birth injury or birth injuries by reviewing medical records. Be it a brain injury, cerebral palsy, Erb’s palsy, spinal cord damage, or another form of common birth injury, our team will determine if it resulted from prenatal risk factors or insufficient medical treatment.
Once we understand the extent of your child’s birth injury, we will calculate the value of your birth injury lawsuit. The more evidence you have, the stronger your case will be. Because of this, we will work with medical professionals and review the literature from similar medical malpractice lawsuits to build your case.
If possible, our birth injury lawyers will also meet with witnesses to testify on your behalf.
Additionally, we will handle negotiations with the insurance companies to get you financial compensation that accounts not just for current medical bills but also for ongoing physical therapy, the need for a specialized healthcare provider, and any other financial burden you may bear.
If a settlement cannot be reached, we will represent you and your child in court, ensuring that your child’s treatment does not become forgotten.
Why Choose Munley Law?
At Munley Law, we have over 250 years of combined experience handling complex medical malpractice and birth injury cases, including Erb’s palsy and brachial plexus injuries.
When you choose our firm, you benefit from:
• Proven track record of securing significant settlements and verdicts, including a $5 million settlement in a medical malpractice case.
• Nationally recognized trial attorneys, with lawyers listed among Best Lawyers in America and Super Lawyers.
• Members of prestigious legal organizations, including the American Association for Justice (AAJ) and Pennsylvania Association for Justice (PAJ).
• Access to top medical experts and specialists who help prove negligence and calculate long-term care costs
• Client-focused representation with direct attorney access, clear communication, and compassionate support
• No upfront costs. Munley Law works on a contingency fee basis, so you pay nothing unless compensation is recovered
What are the Statute of Limitations on Erb’s Palsy Claims?
In Pennsylvania, the statute of limitations on most medical malpractice claims is two years from the date of injury. However, under the statute of repose, victims have up to seven years to discover the harm that was caused, thus restarting the two-year statute of limitations.
Further, if the medical malpractice claim involves a minor, you must file a lawsuit by the time the child is 20.
But these deadlines can become complicated, so reviewing our Allentown personal injury FAQs and working with a birth injury lawyer is your best chance of meeting all deadlines.
What Damages Can My Family Receive in a Birth Injury Lawsuit?
Birth injury cases, similar to spinal cord injury lawsuits, often allow the victim and their family to recover economic and sometimes non-economic damages for their suffering.
Economic Damages
Economic damages for a birth injury claim include loss of income for excess time spent away from work to handle the birth injury, medical expenses, including future medical expenses, physical therapy, and home accommodations if required.
Non-Economic Damages
Non-economic damages can be more difficult to prove in an Erb’s palsy case; however, you may be entitled to compensation for lost earning capacity, pain and suffering, and loss of quality/enjoyment of life.
Speak To a Medical Malpractice Lawyer Now
FAQs About Erb’s Palsy
What is the Difference Between Erb’s Palsy and Other Brachial Plexus Injuries?
Erb’s palsy specifically affects the upper brachial plexus nerves (C5–C6), while other injuries may affect different nerve roots or the entire plexus.
Can Erb’s Palsy Occur Without Medical Negligence?
Yes, Erb’s palsy can occur even if there is no medical negligence. Some cases result from natural birth position or size. But if improper force, delayed C-section, or poor monitoring contributed, it may be malpractice.
How Soon After Birth Should Erb’s Palsy Symptoms Appear?
Symptoms of Erb’s palsy are usually noticeable immediately or within the first days after birth as the baby shows weakness or limited movement in the arm.
Do All Babies With Erb’s Palsy Need Surgery?
No, not all babies born with Erb’s palsy require surgery. Many improve with physical and occupational therapy, and only a smaller percentage require surgical repair.
How Long Does a Malpractice Case Take?
The duration of every malpractice case varies. Building evidence, consulting medical experts, and negotiation often take months; sometimes longer for complex cases.
Call Our Experienced Allentown Erb’s Palsy Lawyers for Help
At Munley Law, an experienced birth injury lawyer will fight for you and your loved one to ensure that your child’s injury does not go unreported and unaccounted for.
Our Allentown medical malpractice attorneys and Erb’s palsy attorneys have represented children and their families who have suffered brain damage, nerve damage, paralysis, cerebral palsy, Erb’s palsy, and other injuries in the birth canal as a result of medical professional negligence.
Do not delay seeking medical malpractice lawyers’ guidance, as evidence will become problematic. Instead, call us when you have your child’s Erb’s palsy diagnosis, and we will begin the process of determining what went wrong.
For a no-obligation, free consultation, call the medical malpractice or Erb’s palsy lawyers at Munley Law. Our Allentown cerebral palsy attorneys, Erb’s palsy lawyers, and personal injury lawyers work on a contingency fee basis, meaning you have no upfront costs.
Caroline Munley
Caroline is a passionate trial lawyer and courtroom advocate, a Pennsylvania Super Lawyer since 2022. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA) and named among PA’s Top 25 Women Trial Lawyers, the Multi-Million Dollar Advocates, and the Top 25 Medical Malpractice Trial Lawyers.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on January 16, 2026.
Munley Law Personal Injury Attorneys
609 Hamilton St.
Allentown, PA 18101
(610) 857-7424
Get Directions
