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HAWAII ERB’S PALSY ATTORNEYS

HUNDREDS OF MILLIONS RECOVERED FOR VICTIMS OF BIRTH INJURY IN HONOLULU

Erb’s palsy is a condition caused by injury to the brachial plexus nerves, which extend from the spinal cord, through the neck and shoulder, and down into the wrist, hand, and fingers. In a difficult delivery, these nerves may be stretched, torn, or pulled completely from the spinal cord.

If your child has been diagnosed with Erb’s palsy, it is time to consider whether this condition was caused by substandard medical care during labor or delivery. A Hawaii Erb’s palsy attorney at Davis Levin Livingston can talk to you about what occurred during childbirth, can review medical records, and can offer an initial assessment of whether you may have a claim. With a medical director and nurse on staff to help you, they can effectively review your situation from medical and legal standpoints to offer the most accurate guidance.

For a free review with an experienced and knowledgeable professional, call (808) 740-0633 or contact the firm online. Davis Levin Livingston serves Honolulu and all of Hawaii.

When Doctor’s Negligence Leads to Erb’s Palsy

Erb’s Palsy can occur if your baby is too large to easily exit the birth canal. If your baby’s shoulder gets stuck, which is called shoulder dystocia, your doctor might pull the child too forcefully, stretching and injuring the nerves between that shoulder and the neck.

Other causes of Erb's palsy may involve:

  • Improper use of forceps or vacuum extractor in an instrument-assisted delivery
  • Failure to recommend a C-section
  • Failure to diagnose fetal macrosomia (large infant)
  • Too much force applied by a doctor in manually assisting a vaginal delivery
  • Too much force applied by a doctor or nurse in performing a C-section

Your medical team has a duty to ensure you and your baby are provided a certain standard of care. When your medical team breaches this duty and your child suffers Erb’s Palsy as a result, you can hold the entire team liable in a birth injury claim. Your attorney will investigate your case, determine all parties that should be held accountable, and help you take steps toward seeking damages.

Treatment for Erb’s Palsy

Although mild cases of Erb’s Palsy will heal on their own, your baby should undergo physical therapy to keep the arm from stiffening. Gentle massage techniques and range of motion exercises can keep muscles strong and prevent joint contractures.

In cases of more extensive nerve damage, surgery might be required. In some cases, tendon transplants might be necessary to help the nerves function properly. This option would have to be delayed until your baby is between 3 and 6 months of age.

Even after surgery, the healing period for Erb’s Palsy could last longer than 2 years. In some instances, the affected arm will continue to be weak and the range of motion will always be limited.

The Legal Process for Erb's Palsy Cases

Navigating the legal landscape after a birth injury can be overwhelming, but understanding your rights is crucial. Our experienced attorneys are here to guide you through every step of the legal process, ensuring that you are fully informed and supported.

Here’s what you can expect when pursuing a claim for Erb's Palsy:

  1. Initial Consultation: We offer a free consultation to discuss your case, evaluate the circumstances surrounding your child's birth, and determine if you have a viable claim.
  2. Investigation: Our team will conduct a thorough investigation, gathering medical records, expert testimonies, and evidence to build a strong case on your behalf.
  3. Negotiation: We will negotiate with insurance companies and opposing counsel to seek a fair settlement that reflects the true costs of your child’s care and suffering.
  4. Trial Representation: If a fair settlement cannot be reached, our skilled litigators are prepared to take your case to trial, fighting aggressively for your rights in front of a jury.

We understand that every case is unique, and we tailor our approach to meet your specific needs. Our commitment to transparency means you will never feel lost in the process. Let us help you secure the compensation you deserve while you focus on what matters most—your family.

Why Choose Davis Levin Livingston for Your Erb's Palsy Case?

When it comes to navigating the complexities of legal claims related to Erb's Palsy, choosing the right attorney can make all the difference. At Davis Levin Livingston, we bring over 40 years of legal experience to birth injury cases, ensuring that you receive knowledgeable and compassionate representation. Here’s why we stand out:

  • Proven Track Record: Our firm has successfully recovered hundreds of millions for victims of birth injuries, demonstrating our commitment to achieving justice for our clients.
  • Personalized Attention: We understand that every case is unique. Our legal team takes the time to listen to your specific situation and tailor our approach to meet your needs.
  • Comprehensive Support: From the initial consultation to the resolution of your case, we provide full support, including access to medical experts and resources to help you understand your rights and options.
  • Contingency Fee Basis: You don’t pay unless we win. This means you can pursue justice without the stress of upfront legal fees.
  • Community Commitment: As a local firm, we are deeply invested in the well-being of families throughout Hawaii, and we strive to make a positive impact in our community.

Choosing Davis Levin Livingston means you are not just hiring an attorney; you are gaining a partner who is dedicated to fighting for your rights and the well-being of your family.

Don't Wait to Get Help; Consultations are FREE

When Erb’s palsy is caused by medical malpractice, a failure to provide standard care, the family of the injured child may be able to pursue financial compensation from the at-fault party. This compensation may cover medical care, ongoing treatment, surgery, medication, assistive devices, and all other costs associated with the child’s immediate, long-term, or lifelong care.

Our Hawaii Erb’s palsy lawyers are here to help you recover a fair settlement or award for your child’s birth injury. To learn more, give us a call at (808) 740-0633 to schedule a free consultation.

Commonly Asked Questions

What are the common symptoms of Erb's Palsy?

Common symptoms include weakness in the affected arm, difficulty moving the arm, or the arm being positioned differently than the other arm.

What types of compensation can be pursued in an Erb's Palsy case?

Compensation may cover medical expenses, rehabilitation costs, lost wages for caregivers, and any necessary assistive devices or long-term care.

Is there a time limit for filing a claim related to Erb's Palsy in Hawaii?

Yes, Hawaii has a statute of limitations for medical malpractice claims, typically requiring that a claim be filed within two years from the date of injury or discovery of the injury.

Four Decades of Record Breaking Victories

  • $15,000,000 Vacuum/Forceps Injury

    The hospital improperly attempted to deliver a post-date baby using a traumatic second-stage vacuum extraction. This extraction and the delay in delivery resulted in permanent brain damage to the baby.

  • $9,975,000 Brain Injury

    The hospital's failure to monitor an infant's rising bilirubin levels led to bilirubin encephalopathy and kernicterus, resulting in severe and permanent brain damage. A settlement of $9,975,000 was obtained.

Why Davis Levin Livingston?

  • Available by phone 24/7 & ready to help.
  • Secured tens of millions of dollars on behalf of our clients.
  • Highest malpractice judgment in U.S. history against a military hospital.
  • Includes an experienced medical team including a nursing staff to answer your questions.
  • Mark Davis and Mike Livingston have been recognized as some of the best lawyers in Hawaii.
  • Resources available to advance your expenses; no cost or fees unless Davis Levin Livingston wins your case.

Dedicated Legal Counsel You Can Count On

Helping Families throughout hawaii for over 40 years
  • "Professional, KIND, and understanding"
    They are most professional, KIND, and understanding. Thank you Matt Winter for all your help.
    - Clare T.
  • "We wouldn't have chosen any other team!"
    Mathew Winter and the whole staff of Davis Levin Livingston guided us every step of the way and made sure we understood everything that was going on. They were always so welcoming and compassionate. Communication was never a problem and emails were answered super fast, especially when we had so many questions. They
    - Maariel
  • "The absolute best firm in Hawaii. Compassion and professionalism at its best!"
    Truly a wonderful experience with everyone at the firm. I can't thank you enough for helping provide closure for my family and me during this process. The absolute best firm in Hawaii. Compassion and professionalism at its best!
    - Daniel
  • "After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine."
    After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine. What surprised me was their personal touch. In the 3
    - Anthony
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Did you know?

you are not alone in this.
  • 7 OUT OF 1,000 NEWBORNS ARE DIAGNOSED WITH A BIRTH INJURY.
  • IN A YEAR, 157,000 MOTHERS AND CHILDREN SUFFERED POTENTIALLY PREVENTABLE INJURIES.
  • THE LIFETIME COSTS OF BIRTH INJURIES CAN REACH TENS OF MILLIONS OF DOLLARS.
  • ON AVERAGE 28,000 BABIES ARE BORN WITH A BIRTH INJURY EVERY YEAR.
Fighting To Secure The Lifelong Care Your Child Needs!