Birth Injuries


Parents whose children or teenagers were born with cerebral palsy or Erb’s palsy may be eligible to file a lawsuit and receive compensation. 

For a free legal consultation to find out whether your family may be eligible file a case, contact the lawyers at Hissey Mulderig & Friend by calling our office toll-free at 1-855-922-3660, or by filling out the free case evaluation form located on the right side of this page.

Cerebral Palsy

What is cerebral palsy?

Cerebral palsy is a group of disorders that impact people’s ability to control their muscles. According to the Centers for Disease Control and Prevention, cerebral palsy is the most common motor disability in children, affecting one out of every 345 children in the United States.

What are the causes of cerebral palsy?

Cerebral palsy is not a disease, it is a result of brain damage, which can occur during pregnancy, labor, or delivery. 

Cerebral palsy may be more common in women who suffered infections during their pregnancy or in babies who are born with jaundice. Oxygen deprivation during delivery can also cause cerebral palsy. Approximately 500,000 Americans are living with cerebral palsy, leaving them with permanent physical disabilities and requiring a lifetime of special care.

Congenital cerebral palsy accounts for as many as 90% of the total number of cases. Congenital cerebral palsy is caused by abnormal brain development or trauma before or during birth. If the child’s oxygen supply gets cut off during the pregnancy or delivery, this can cause congenital cerebral palsy. A small percentage of these cases result from head trauma, brain hemorrhaging, or infections.

During the delivery process, it is vital for medical professionals to monitor the baby for lack of oxygen and to intervene as soon as possible in order to prevent this from leading to cerebral palsy. In some cases, however, medical negligence can deter a doctor from stepping in, leaving your child with irreversible brain trauma.

What are the symptoms of cerebral palsy?

The signs and symptoms of cerebral palsy appear during infancy or the preschool years. In general, cerebral palsy causes some combination of symptoms from the following: 

  • Impaired movement associated with exaggerated reflexes
  • Floppiness or spasticity of the limbs and trunk
  • Unusual posture
  • Involuntary movements
  • Unsteady walking

People with cerebral palsy can have problems swallowing. Many also have eye muscle imbalance, in which the two eyes don’t focus on the same object. People with cerebral palsy may also experience reduced range of motion at various joints of their bodies due to muscle stiffness.

Erb’s Palsy

What is Erb’s palsy?

Erb’s palsy is a condition caused by nerve damage to an area around the shoulder, known as the brachial plexus. For this reason, Erb’s palsy is also known as brachial palsy. 

The brachial plexus is a network of nerves located near the neck. These nerves allow our shoulders, hands, arms, and fingers to move. When these nerves are damaged during the delivery process, it can cause complete paralysis of the arm, arm weakness, or loss of range of motion that may require surgery to correct.

What are the causes of Erb’s palsy?

Erb’s palsy generally occurs during a difficult childbirth and may be related to the forceful removal of a baby from the birth canal.

About 1-2 babies per thousand are born with a brachial nerve injury. These injuries sometimes occur if the baby’s head and neck are pulled to the side as the shoulders pass through the birth canal. Excessive pulling on the shoulders during a difficult birth can also result in nerve damage. 

During a breech birth – in which the baby’s feet are delivered first – the baby’s arms are usually raised, which can lead to injury as a result of increased pressure.

What are the symptoms of Erb’s palsy in infants?

Symptoms of Erb’s palsy in children include:

  • Loss of feeling in one arm 
  • Total loss of movement (paralysis) in one arm
  • Arm weakness

Data from the National Library of Medicine suggests that one out of every 1,000 babies develops Erb’s palsy. Fortunately, with the help of their parents, most infants can recover some arm movement through daily physical therapy.

Free Legal Consultation

If you believe negligence by a doctor, hospital, or medical staff may have led to your child suffering cerebral palsy or Erb’s palsy, you may be eligible to file a lawsuit and receive compensation.

For a free legal consultation with a lawyer to find out whether your family may qualify to file a case, contact the law firm of Hissey, Mulderig & Friend today. You can reach us by calling toll-free at 1-855-922-3660, or send us a message by filling out our free case evaluation form on the right side of this page.

Free Legal Consultation

Call toll-free at 1-855-922-3660 or complete this form to talk to a lawyer about your case.