Erb’s Palsy Complaint Removed to Federal Court

Staff Writer | January 18th, 2013 | Posted in Cerebral Palsy Lawsuit News

Birth Injury AttorneysOn January 8, 2013, a New York family’s birth injury lawsuit was removed to the U.S. District Court for the Eastern District of New York. The case was originally filed on August 10, 2011 in the Supreme Court of the State of New York (Kings County) and the plaintiffs’ Erb’s palsy attorney stated that the defendants were liable for birth injuries suffered by the minor plaintiff. Erb’s palsy is a serious birth injury that damages the arms and shoulders and may have other far-reaching consequences.

Child suffers Erb’s palsy due to alleged medical malpractice

According to the plaintiffs’ Erb’s palsy lawsuit, on March 3, 2005, two Lutheran Medical Center doctors provided the mother plaintiff with “negligent pre-natal care.” That same day, during labor and delivery, the child allegedly sustained birth injuries that resulted in Erb’s palsy. According to the family’s birth injury lawyers, the child’s injuries were caused by medical malpractice on the part of delivery room doctors and hospital staff.

Erb’s palsy can have long-term effects on child’s health

Specifically, the original complaint stated that the defendants “carelessly, negligently and improperly attended, directed, assisted and/or participated in the prenatal care and delivery of the infant Plaintiff.” Erb’s palsy results from a serious type of nerve damage that may cause weakness, numbness or even paralysis in the child’s arms or shoulders. For some children, the condition has long-term repercussions, including permanent nerve damage that requires physical therapy, neurosurgery, and/or tendon transfer surgery to repair the problem.

Plaintiff requests damages to treat infant injuries

The plaintiffs’ Erb’s palsy attorney charges the defendants with medical negligence and malpractice, as well as other allegations related to the infant’s injuries. The case was filed with help from a HRSA grant and qualified for FTCA coverage. As do other families who have suffered the consequences of serious and life-changing birth injuries, the mother plaintiff seeks damages for her child’s injuries. She seeks compensation sufficient to treat, and hopefully correct, the consequences of Erb’s palsy.

If your child has suffered birth injuries that you suspect are the result of medical negligence, you may be entitled by law to monetary compensation to help cover medical and other expenses. The birth injury lawyers at Balkin & Eisbrouch have decades of experience successfully litigating malpractice cases involving Erb’s palsy and other complications. Call us today for a free case evaluation at 855-60-BIRTH.