$1 Million in Damages Awarded to Family in Erb's Palsy Birth Injury Lawsuit

Erb’s Palsy Birth Injury

Written by Faith Anderson on September 17, 2014
delivery injury

$1 Million in Damages Awarded to Family in Erb’s Palsy Birth Injury Lawsuit

An alleged medical mistake on the part of an obstetrician has resulted in a $1 million award for a girl suffering from a birth injury called Erb’s palsy.

An Illinois woman has been awarded $1 million in damages in a medical malpractice lawsuit filed against an obstetrician, over a birth injury that left her daughter with paralysis in her shoulder, known as Erb’s palsy. The birth injury lawsuit was filed by Jamie Rae in August 2012, and alleged that, at the time of her birth in March 2011, her daughter suffered nerve root damage and a brachial plexus injury due to medical errors on the part of Dr. James Dalla Riva. If you or a loved one has been adversely affected by a birth injury like Erb’s palsy, contact a knowledgeable medical malpractice lawyer today to discuss your legal options.

What is Erb’s Palsy?

Erb’s palsy is a form of shoulder paralysis caused by permanent nerve damage at birth, which then limits use of the arm throughout an affected individual’s life. In many cases of Erb’s palsy, the paralysis is caused by a medical mistake during delivery, occurring when the baby’s shoulder becomes stuck at the mother’s pelvic bone. If the delivering doctor fails to take appropriate steps to address the injury, the paralysis may become permanent.

Doctor Failed to Perform C-Section

According to allegations raised in Rae’s birth injury lawsuit, Dr. Riva was medically negligent for failing to conduct a Caesarian section to deliver the girl. The doctor reportedly attempted several maneuvers to deliver the baby vaginally, at which point the girl’s right shoulder began to emerge first, followed by the left. After the delivery, the baby’s left arm was found to be floppy and showed signs of a permanent disability.

Erb’s Palsy Birth Injury Blamed on Doctor

In her medical malpractice lawsuit, Rae claims that the doctor applied excessive downward traction on the girl’s head while she was being delivered. A Madison County jury agreed with Jamie Rae and awarded the family $516,500 for future medical care for her daughter, who is now three years old. The jury also awarded $116,500 for disfigurement, $116,500 for disability, $116,500 for past and future pain and suffering, and $134,000 for past medical expenses related to the birth injury.

Contact An Experienced Medical Malpractice Lawyer

Birth injuries like Erb’s palsy occur far too frequently during delivery, often due to the neglience of the hospital or delivery doctor. If your child has suffered a life-altering birth injury like Erb’s palsy, and you believe a medical mistake to be the cause, our consumer advocates at the Consumer Justice Foundation can help. We are dedicated to protecting the rights of consumers harmed by medical negligence, and can help put you in touch with an attorney who has experience handling Erb’s palsy birth injury claims.

Posted Under: Delivery Injury, Hospital Mistakes, Legal, Medical Malpractice, News
Start Claim Now
Do you deserve compensation?

An attorney will review your situation for FREE and help you found out what really went wrong.

How Can We Reach You?

Please Explain Your Situation

By clicking the "Submit" button below, you agree that law firms you are matched with may contact you by telephone even if you are on a federal or state Do Not Call registry. Up to 10 law firms may respond to your request within approximately 2 weeks. In some cases 3 or more firms may respond to your request after 30 days. Use of this site is subject to our Terms of Use.
×