The Lifetime Cost of Erb’s Palsy

 Posted on November 26, 2025 in Birth Injury

Erb’s palsy is a condition with a lasting physical, emotional, and financial impact. Parents sometimes do not understand how expensive this condition is until they begin paying for therapy, medical visits, surgeries, and adaptive equipment. Unfortunately, Erb’s palsy can be the result of medical malpractice.

When a medical professional does not follow safe delivery procedures, you have the right to hold them accountable for any harm they cause. First, speak to a Chicago, IL birth injury lawyer at Birth Injury Law Alliance, Ltd. to learn more about your legal options. There is nothing anyone can do to right the wrong that was done to your child and family, but we can help alleviate the financial burden.

How Does Malpractice Result in Erb’s Palsy?

Erb’s palsy happens when the nerves in a baby’s shoulder stretch or tear during birth. These nerves form the brachial plexus, which controls movement in the shoulder, arm, and hand. Many of these injuries occur when a medical provider does not follow safe delivery practices.

Negligence can happen when a doctor pulls too hard on a baby’s head or shoulder during delivery. It can also occur if the doctor does not handle shoulder dystocia safely, which happens when the baby’s shoulder gets stuck during birth. Using tools like forceps or a vacuum in an unsafe way can also cause nerve damage. Another common mistake is failing to recommend a C-section when there are clear signs of danger. These errors can lead to serious, lifelong harm for the child.

How Can Families Cover the Cost of Erb’s Palsy Over a Lifetime?

The total lifetime cost of Erb’s palsy varies depending on the severity of the injury and how well your child responds to early treatment. Some children make strong progress with therapy. Others live with long-term weakness or nerve damage that affects them throughout their lives. The diversity of needs can lead to substantial medical expenses.

If medical negligence caused the injury, you can pursue compensation for current and future costs. Illinois law does not impose a legal limit, or "cap," on the amount of damages you may recover in a medical malpractice case. This means you can seek full compensation that reflects the lifetime care your child will require.

Medical Treatments for Children With Erb’s Palsy

Many families must pay for regular therapy, specialist visits, and follow-up testing. You may also need to buy adaptive tools that help your child move their arm. Travel to medical appointments can become frequent and costly. In some families, a parent must take time off work or stop working to care for the child, which reduces household income. These financial pressures build over time.

Treatment often begins in infancy and can last for many years. Some children improve with physical therapy alone. Others need surgery to repair damaged nerves or improve shoulder and arm function. A typical care plan may involve:

• Physical therapy sessions several times a week

• Occupational therapy to improve daily arm use

• Nerve grafts or tendon transfers that require surgery

• Adaptive devices like slings or braces

• Regular evaluations and imaging studies

Some children develop muscle imbalance or chronic pain. These issues may require ongoing treatment well into adulthood. If you need to file a lawsuit, you will want to act quickly.

Deadlines for Filing a Medical Malpractice Claim in Illinois

Under 735 ILCS 5/13-212, you must file a medical malpractice claim within a specific time period. In most cases, adults have two years from the date they knew or should have known about the injury to take legal action. For minors, the deadline is longer, but the case still must be filed before the child’s eighth birthday. Filing as early as possible is better, and when you hire an attorney, they take care of all the tedious work for you.

How Does Erb’s Palsy Affect a Person’s Ability To Work as an Adult?

Erb’s palsy can make some everyday tasks harder as a person grows up. Some people have only mild limitations, while others deal with more serious challenges. They may struggle to lift, carry, or use both arms for work. Even simple movements like typing or holding objects can take extra effort and cause pain or exhaustion. These limits can affect what jobs a person can do and how much they can earn. Because of this, lost future income is often an important part of an Erb’s palsy malpractice claim.

What Costs Are Covered in an Illinois Erb’s Palsy Lawsuit?

Nearly every medical malpractice case addresses economic and non-economic damages. These two types cover different areas of loss that affect your family financially and emotionally.

Economic damages refer to the financial impact of the injury. These include the costs you can calculate and document, such as:

• Current and future medical expenses

• Lost income for parents who must reduce work to provide care

• Future loss of earning potential for your child

• Adaptive equipment, home changes, or special education support

Non-economic damages address the personal and emotional effects of the injury. These losses do not have a fixed dollar value but can be assigned a monetary value. They may include:

• Physical pain and ongoing discomfort

• Emotional distress or mental strain

• Loss of enjoyment of life

• The lasting challenges of living with a disability

Under 735 ILCS 5/2-1115, Illinois law does not allow punitive damages in medical malpractice cases. Punitive damages are separate from compensatory damages. Instead of compensating for what you lost, punitive damages punish the person responsible for the injury. They are rare in personal injury claims and not allowed in a medical malpractice suit. The focus is on providing fair compensation for your child’s injury and how it has impacted your family’s financial and emotional stability.

Schedule a Free Consultation With a Cook County, IL Erb’s Palsy Injury Attorney

If negligence played a role in your child’s Erb’s palsy diagnosis, Birth Injury Law Alliance, Ltd. can help. We can explain the long-term financial impact and help you gather the medical evidence you need to pursue compensation.

Attorney Allen Schwartz has helped many families whose children were harmed during birth. He has secured numerous multimillion-dollar verdicts and settlements for children with serious injuries. Call 312-462-4200 today to schedule your free consultation with a Chicago, IL birth injury lawyer with experience handling complex birth injury cases.