If your child has been diagnosed with Erb’s palsy after birth, our Wilkes-Barre Erb’s palsy lawyers can help your family understand your legal options and investigate whether medical negligence played a role. Birth injuries often require ongoing medical treatment, therapy, and long-term support, creating financial and emotional challenges for families.
Munley Law has represented injured Pennsylvanians for almost 70 years, helping families pursue accountability when preventable medical errors cause lifelong harm.
Our birth injury lawyers have negotiated with at-fault parties and insurance companies and have fought ferociously in court to win multi-million-dollar settlements and verdicts for clients. This dedication to our clients, our profession, the highest ethical and legal standards, and our expertise continues to earn us recognition from directories, publications, and organizations such as Martindale-Hubbell, Best Lawyers, Lawdragon, Legal Intelligencer, and Super Lawyers.
The many awards received by our attorneys assure you that our firm is a top choice when you want to hold accountable those responsible for your child’s birth injuries.
Contact Munley Law’s Wilkes-Barre Erb’s palsy lawyers today to schedule a free consultation. We are available 24/7, and work on a contingency basis, so you will only pay a fee if we win your case.
Call Us At 844-686-5397 What is Erb’s Palsy?
Erb’s palsy is a form of brachial plexus palsy, which affects the network of nerves near the neck. These nerves provide movement and feeling to the shoulder, arm, hand, and fingers. When the brachial plexus nerves are injured, it causes arm weakness and loss of motion.
This condition typically occurs during childbirth. It’s often the result of excessive stretching or pressure on the baby’s neck and shoulders during delivery, which can damage the nerves that control arm movement. This can lead to weakness or paralysis in the affected arm, making it challenging for individuals to use or control it. Erb’s palsy can also appear alongside conditions like cerebral palsy and related birth injuries.
Erb’s palsy is one of the more common brachial plexus birth injuries. Published medical literature generally estimates that obstetric brachial plexus injuries occur in approximately 0.9 to 2.6 per 1,000 live births, although reported rates vary among studies.
While the severity of Erb’s palsy can vary, it can significantly impact a person’s daily life, requiring ongoing medical care and therapy to manage symptoms and improve mobility. Understanding what Erb’s palsy entails is important for those affected and their families, as it helps them seek appropriate medical treatment and support to cope with the condition’s challenges.
The initial therapy and ongoing care required can be expensive, leaving families faced with high bills for years. Our Wilkes-Barre Erb’s palsy lawyers will work to recover compensation for these economic damages.
What Are the Causes of Erb’s Palsy?
Erb’s palsy typically occurs due to complications during childbirth. Causes may include:
- Difficulty delivering the baby’s shoulder after the head has emerged.
- Excessive force or traction applied by medical professionals to free the baby’s shoulder can lead to stretching or tearing of the nerves in the neck.
- Factors such as a large baby size, prolonged labor, or an abnormal birthing position.
- Shoulder dystocia, where the baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery, increases the risk of nerve injury
While some of these injuries are the consequence of a difficult birth, others are the result of a doctor’s negligence or willful malice. Munley Law will work with medical experts to determine what happened to cause your child’s birth injury. If the doctor or hospital is at fault, we will hold them accountable for their actions.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
Is Erb’s Palsy Preventable?
One critical effort to prevent Erb’s palsy is prenatal care, where healthcare providers monitor factors such as the baby’s size and the mother’s health to anticipate potential challenges during delivery.
Proper positioning of the mother during labor and delivery can help reduce the likelihood of shoulder dystocia. Techniques such as controlled traction and specific shoulder-release maneuvers should be employed cautiously and only when necessary.
Effective communication and collaboration among the medical team during birth are also essential to ensure a smooth and safe delivery.
While Erb’s palsy cannot always be prevented, these proactive measures can significantly reduce the risk, promoting better outcomes for both the mother and the baby.
What Do I Do If I Suspect Medical Malpractice?
If you suspect medical malpractice in an Erb’s palsy case, taking action as soon as possible is important to protect your rights and hold anyone who was negligent accountable.
The first step is to gather relevant medical records, including documentation of the childbirth and subsequent treatment. These records will serve as key evidence in assessing the circumstances surrounding the injury.
Next, consult with a Wilkes-Barre medical malpractice lawyer with extensive experience in birth injury and Erb’s palsy cases. During your initial consultation, provide all details and evidence so the attorney can evaluate your claim and advise on the best course of action.
If we agree to take your case, your attorney will guide you through the legal process, advocating on your behalf to hold the responsible parties accountable and secure the compensation you deserve.
Is There a Statute of Limitations for Erb’s Palsy Cases in Wilkes-Barre?
Birth injury claims arising from medical malpractice are governed by Pennsylvania’s MCARE Act, 40 P.S. §1303.513, together with applicable medical malpractice rules. Because these deadlines can vary depending on the injured child’s age and when the injury was discovered, it is important to speak with an attorney as soon as possible.
For parents, the clock usually starts on the date of birth or when malpractice was—or should have been—discovered. For the individual affected, it typically begins upon reaching the age of majority (18 years old). Whether parents or the affected individual files the claim, a certificate of merit in support of the case signed by a doctor must be filed within 60 days of filing the claim, under Pennsylvania Rule of Civil Procedure 1042.3. Our Wilkes-Barre Erb’s palsy lawyers will handle this.
What Types of Compensation are Available in Erb’s Palsy Birth Injury Cases?
Every child’s needs are different. Depending on the severity of the nerve injury, compensation may include:
- Costs of brachial plexus surgery, including nerve graft or tendon transfer procedures
- Physical and occupational therapy to improve arm and shoulder function
- Follow-up appointments with orthopedic and neurological specialists
- Adaptive equipment that supports daily activities
- Future medical care and rehabilitation
- Lost income when parents must reduce work hours to care for their child
- Pain and suffering and reduced quality of life when permanent impairment affects the child’s future
If medical providers acted with reckless disregard for patient safety, Pennsylvania law may also permit punitive damages in limited circumstances.
Our lawyers will take all aspects of your case into account when calculating compensation and work to ensure you are compensated fairly.
Why Choose Munley Law for Your Wilkes-Barre Erb’s Palsy Lawyer?
Munley Law has extensive experience handling medical malpractice and birth injury claims, having represented Pennsylvanians for almost 70 years. Our Wilkes-Barre Erb’s palsy lawyers treat every case as unique and leave no stone unturned when investigating what happened. Our commitment to truth and justice has enabled us to recover millions in damages for clients, including $5 million, $4.35 million, and $3.5 million settlements for medical malpractice.
Our lawyers stand out from those of other firms, thanks to their superb credentials and accolades. Marion Munley and Daniel Munley are members of the American Board of Trial Advocates, and Marion and Caroline Munley are members of the International Society of Barristers. They’re also members of the Litigation Counsel of America, with Marion being a Senior Fellow and Caroline a Fellow.
Best Lawyers named Marion Lawyer of the Year for Medical Malpractice Law and Personal Injury Litigation, while Super Lawyers named her to the Top 10 Super Lawyers in Pennsylvania for the past three years. The National Trial Lawyers Association named Caroline to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania and Top 25 Women Trial Lawyers in Pennsylvania lists. If you are looking for experienced birth injury attorneys in Wilkes-Barre, our team is ready to help.
Frequently Asked Questions about Erb’s Palsy Cases in Wilkes-Barre
How Do I Know if My Child’s Erb’s Palsy was Caused by Medical Negligence?
You can find out if your child’s Erb’s palsy was caused by medical negligence by conducting a thorough investigation into what happened when they were born. Munley Law’s Wilkes-Barre Erb’s palsy lawyers will handle the investigation for you. The condition can result from several complications during childbirth, but in many cases, improper medical techniques, such as excessive pulling or misuse of delivery tools, may be to blame.
If your child experienced difficulty during delivery, shoulder dystocia, or required significant traction to be delivered, negligence may have played a role. We will review your medical records, consult experts, and determine whether your child’s birth injury resulted from avoidable errors.
What Evidence is Needed to File an Erb’s Palsy Birth Injury Claim?
The evidence needed to file an Erb’s Palsy birth injury claim includes prenatal records, labor and delivery notes, neonatal evaluations, witness statements, and expert medical opinions. Your lawyers also need to submit a certificate of merit signed by a doctor in support of your case. This information helps establish how the injury happened and whether the doctor or hospital failed to meet the appropriate standard of care. Munley Law’s team will gather all the evidence on your behalf.
What Compensation Can Families Receive in an Erb’s Palsy Case?
In Erb’s palsy cases, families may receive compensation for immediate and lifelong costs associated with the condition. This includes medical bills, surgeries, physical therapy, medical equipment, future care needs, and pain and suffering. In cases involving malice, reckless conduct, or gross negligence, the judge may award punitive damages. Our Wilkes-Barre Erb’s palsy lawyers will evaluate the full financial and emotional impact of the injury to pursue the compensation due to you.
How Long Do I Have to File an Erb’s Palsy Lawsuit in Pennsylvania?
Birth injury claims involving medical malpractice are generally subject to Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. § 1303.513, which includes special filing rules for injuries involving minors. When parents file a lawsuit for medical expenses, they have two years from the date of discovery. The injured child has until they turn 20 to file a claim. Medical malpractice lawsuits must also comply with Pennsylvania Rule of Civil Procedure 1042.3, which requires a Certificate of Merit from a qualified medical expert.
Contact Your Wilkes-Barre Erb’s Palsy Lawyer at Munley Law
At Munley Law, our experienced team understands the complexities of Erb’s palsy cases and is committed to fighting for your rights. Whether you’re a parent seeking answers or an individual affected by the condition, we’re here to offer compassionate support and expert legal guidance every step of the way.
Don’t wait any longer to take action. Contact Munley Law today to schedule your free consultation with our skilled Wilkes-Barre Erb’s palsy lawyers and start the journey toward justice and the compensation you deserve.
Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 3, 2026.
