Doctor Negligence Led to Erb’s Palsy, Alleges Lawsuit

Substandard pre-natal, delivery and post-natal care is alleged by a California minor and his guardian, who are demanding just compensation for the physical, emotional and financial injuries sustained. According to allegations, the minor plaintiff was injured in health, strength and activity, sustaining serious neurological damages including but not limited to severe Erb’s Palsy. This condition is caused by damage to the upper brachial plexus nerves, which pass from the spinal cord into the arm. Infants diagnosed with Erb’s Palsy are usually unable to move the shoulder, but may still have limited function of the arm and fingers.

The birth injury lawsuit, which was filed on March 9, 2015, names the United States of America; Tiffany Isles, M.D.; Michael Price, M.D., Torres and Clinicas De Salud Del Pueblo, Inc. as defendants.

Allegations leveled in Erb’s Palsy lawsuit

While the mother plaintiff was under the care of the defendants, she argues that medical professionals charged with her care negligently, carelessly and unskillfully delivered, examined and treated her and her newborn child. The suit claims that the defendants neglected to sufficiently select a capable medical staff and also failed to monitor staff as well as assess their competence.

Due to these purported transgressions, the minor plaintiff suffered great physical injuries, which will render him permanently disabled. As such, the child will suffer diminished future earnings in addition to a loss of enjoyment of life. His permanent brachial plexus injuries will require ongoing medical care and hospitalization for an undetermined period of time, which is expected to place extreme financial burden on the family.

Though not every case of Erb’s Palsy is a result of birth trauma, many instances of nerve damage result when too much force is used to assist the baby’s shoulders through the birth canal. Pulling excessively on the shoulders often leads to brachial nerve injury.  Despite improved delivery techniques and specific maneuvers designed to relieve shoulder dystocia (when the baby’s shoulder is lodged under the pubic bone), difficult deliveries can still result in injury.

Vacuum suction and forceps-assisted childbirths may also lead to complications, and are typically not recommended with overly large (macrosemic) babies as it can increase the risk of shoulder dystocia.

While the exact nature of the child’s nerve damage isn’t detailed in the court filing, the plaintiffs are seeking legal damages for “permanent physical disability,” which may suggest a more severe stretch or even tear to the delicate nerves.

The complaint is seeking compensatory damages to cover the following losses:

• Economic and non-economic damages
• Past and future medical expenses
• For loss of future earning and earning capacity
• Prejudgment interest
• Costs of litigation and attorney fees
• Other relief deemed proper by the Southern District of California District Court

Prognosis for brachial plexus nerve damage

In some cases Erb’s Palsy can heal spontaneously over a period of months, but this is usually when there is only a stretch or mild tear to the brachial plexus nerves. Treatments may include physical therapy to help the child keep the limb flexible and the muscles strong. In cases involving more extensive nerve damage, surgical intervention may be necessary. Tendon transplants may be warranted if the nerve does not heal and/or cannot function properly. Even with surgery, some children may never regain full use of their shoulder and arm, and may have an impaired range of motion.

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