Visitor Question

Erb’s Palsy Due to Doctor Negligence…

Submitted By: Jenny (West Branch, MI)

I am an adult who has lived with Erb’s Palsy my whole life. I have pain and limited movement in my left arm, and a shoulder blade that sticks out. I understand many parents are suing, but is there anything that can be done for an adult who’s parents didn’t make this wise decision?

I was 12lbs 9oz at birth in 1975. My mother had told the doctor she was concerned when I wasn’t moving much. The doctor told her I was “just a lazy baby”. After having 3 of my own kids, and worrying about them being abnormally large, I now know that a baby not moving is a sign of an overly large baby. Why did my mother’s doctor not know this?

I do understand it was close to 40 years ago, and we have better technology now, but I think there was definitely cause for an ultrasound, and that technology was available. From what I understand the doctor also joked with my mother as she was going into labor, saying it would be interesting to see how many babies were in there.

I think there was certainly negligence. I will live with that negligence for the rest of my life. Is it too late for me? I was born in Florida, if that matters.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jenny,

It is too late. The Statute of Limitations (Legal Time Period) in which you might have filed a lawsuit passed many years ago. There really isn’t any legal action you can take at this time. There are thousands of people around the world who, if technology would have been more advanced at the time of their birth, wouldn’t be suffering many of the debilitating diseases or injuries they do today.

We did some research about Erb’s Palsy. Erb’s palsy results when certain nerves are injured.

The nerves in baby’s arms are connected to another group of larger nerves near the neck.

Those nerves surround what is referred to as the Brachial Plexus. Those nerves are instrumental in the baby’s feeling in her fingers, arms and hands.

We learned Erb’s Palsy can result from problematic deliveries of babies, .01% of babies delivered today will have damage to their Brachial Plexus. The injury occurs when a baby is about to be delivered and the baby’s neck and head are pulled to the side when the baby is removed from their mother’s birth canal.

These days there are much more advanced delivery procedures than there were 40 years ago when you were born. Your condition is regrettable. We wish you only the best.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 18, 2011

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