How long do we have to file an Erb's palsy claim?

Minors' claims involve special timing rules, but waiting costs evidence - have the case reviewed promptly.

Delaware Erb's Palsy & Brachial Plexus Injury Lawyer

Q: My baby's arm improved but is not normal. Is there still a case?

Partial recovery does not erase the claim - residual weakness, asymmetry, and functional limits are assessed as the child grows.

Erb’s palsy — weakness or paralysis of a newborn’s arm — happens when the brachial plexus nerves in the neck are stretched or torn during delivery. The recurring cause: excessive traction on the baby’s head during a difficult delivery, especially when shoulder dystocia was mismanaged. Trained providers have specific maneuvers for exactly these moments; pulling harder is not one of them.

Brachial Plexus Injury Claims: Key Facts

Mechanism matters: Nerve injury patterns (which roots, avulsion versus stretch) tell experts how much force was applied and in what direction.
Risk factors create duties: Large babies, maternal diabetes, prolonged labor, and prior shoulder dystocia require anticipation – and sometimes a C-section offer that never came.
The spectrum: Some injuries resolve with therapy; avulsions and ruptures mean surgeries, permanent weakness, and a visibly affected arm through life.
Delaware rules: Affidavit of merit (18 Del. C. § 6853); minors’ timing rules apply – investigate early while delivery-room memories exist.

What We Prove

Delivery notes, nursing entries, and injury patterns reconstruct the delivery. When the record shows dystocia called, maneuvers skipped, and a nerve pattern consistent with lateral traction, the case is provable. Damages cover surgeries (nerve grafts, muscle transfers), years of therapy, and the lifetime impact of a limb that never works normally.

Erb’s Palsy FAQs

The doctor says these injuries “just happen” from labor forces. True?

Some mild stretch injuries can occur naturally – but severe injuries and root avulsions correlate with applied traction. The injury pattern itself is evidence, and experts read it.

My baby’s arm improved but is not normal. Is there still a case?

Partial recovery is common and does not erase the claim – residual weakness, asymmetry, and functional limits are assessed as the child grows.

How long do we have?

Minors’ claims involve special rules, but waiting costs evidence – delivery staff scatter and memories fade. Free review now settles the question.

Your baby’s arm was injured at birth? Call (302) 297-7775 for a free consultation.