Erb's Palsy

Erb’s Palsy Attorney in Louisville

Defense-Side Experience. Plaintiff-Only Practice. Results That Speak for Themselves.

When a child is diagnosed with Erb’s palsy, the first questions parents ask are about their child’s future. The second is often whether the injury had to happen at all. Brownfield Dufour PLLC handles Erb’s palsy claims in Louisville as part of our concentrated plaintiff medical malpractice practice. If you believe your child’s injury may have resulted from something that went wrong during delivery, we’re here to help you understand your options.

We’ve represented injured clients against hospitals, insurance carriers, and healthcare providers since 2016. Our consultations are free, with no obligation, and you can reach us by phone, text, or online. We return calls and texts quickly.

If your child has been diagnosed with Erb’s palsy and you have questions about whether a malpractice claim is possible, call our Louisville office at (502) 822-5584. There’s no cost to talk with us and no pressure to move forward.

What Erb’s Palsy Is & How It Happens

Erb’s palsy results from damage to the brachial plexus, the network of nerves running from the neck through the shoulder that controls movement and sensation in the arm and hand. When those nerves are stretched or torn during delivery, the result can range from mild weakness to partial or complete paralysis of the affected arm. The Cleveland Clinic estimates Erb’s palsy occurs in roughly 0.9 to 2.6 per 1,000 live births.

The injury often occurs in connection with shoulder dystocia, a complication where the baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. Shoulder dystocia is a recognized obstetric emergency with established management protocols. The injury can also result from a physician pulling with excessive force or at an awkward angle on the baby’s head or neck, or from the improper use of forceps or a vacuum extractor.

Signs Families Notice After Birth

Erb’s palsy presents differently depending on the degree of nerve damage. Some signs appear immediately; others become apparent as the child develops. Common indicators include:

  • Arm weakness or limpness: The affected arm may hang without normal movement or fail to respond to stimulation.
  • Limited range of motion: The arm may be held close to the body, with a bent wrist or an elbow that won’t flex normally.
  • Reduced sensation: The child may show little or no response to touch on the affected side.
  • Muscle differences: Over time, the affected arm may appear smaller due to limited use.
  • Developmental delays: Difficulty crawling, pulling up, or reaching motor milestones may be linked to weakness in the affected arm.

Some children recover fully with early physical therapy. Others face permanent impairment that shapes their lives into adulthood, which makes the full picture of long-term care a critical factor in any legal claim.

When Delivery Negligence Becomes a Legal Claim

Not every case of Erb’s palsy reflects negligence. Some injuries occur despite appropriate medical care. A medical malpractice claim requires showing that a healthcare provider’s actions fell below the accepted standard of care and that the breach directly caused the injury.

Failing to follow established protocols for managing shoulder dystocia, applying excessive traction during delivery, or misusing instruments like forceps or a vacuum extractor can each constitute a departure from acceptable practice. Potentially liable parties include the delivering obstetrician, nurses in the delivery room, and the hospital or medical facility. Parents don’t need to know with certainty whether negligence occurred before speaking with an attorney. Evaluating that is exactly what a consultation is for.

Why Louisville Families Choose Brownfield Dufour PLLC

Before founding this firm, Brian Brownfield represented hospitals, physicians, and healthcare providers at Thompson Miller & Simpson, PLC from 2007 through 2011. That background isn’t incidental to how we handle birth injury cases. It means we understand how medical defendants build their defenses, where gaps in their documentation tend to appear, and how to challenge the arguments their attorneys are likely to raise.

Our Credentials & Track Record

Since 2016, our practice has been concentrated entirely on the plaintiff side of personal injury and medical malpractice. Every system, every strategy, and every staff process in this firm exists to produce results for injured clients. Both partners have been recognized by Super Lawyers, and our record includes multiple seven-figure settlements against large institutional defendants.

How We Work with Clients

Clients consistently tell us we treated them like family, kept them informed at every step, and made a frightening process feel manageable. In serious injury situations, we’ve traveled to clients and accompanied them to appointments. No case is too complex or too straightforward to receive our full preparation.

Start with a Free Consultation

If your child was diagnosed with Erb’s palsy and you’re trying to understand whether a preventable error played a role, we can help you work through that question. As your Erb’s palsy lawyers in Louisville, we manage every aspect of the claim, from reviewing delivery records and coordinating with medical professionals to communicating with insurers on your behalf. You focus on your child. We handle everything else.

Call or text Brownfield Dufour PLLC at (502) 822-5584 to schedule your free, no-obligation consultation. We’re ready to listen and respond promptly.

What Compensation in an Erb’s Palsy Claim Can Cover

The financial impact of Erb’s palsy doesn’t end at the hospital. Children with significant nerve damage may require physical therapy, occupational therapy, and surgical intervention for years, sometimes well into adulthood. A birth injury claim accounts for that full trajectory, not only the expenses already incurred.

Recoverable damages in an Erb’s palsy medical malpractice claim can include:

  • Medical expenses: Past and future costs for surgeries, physical therapy, occupational therapy, and rehabilitation.
  • Home and vehicle modifications: Adaptations required to accommodate the child’s condition.
  • Lost future earning capacity: Compensation for the limitations the injury may place on the child’s ability to work as an adult.
  • Pain and suffering and loss of quality of life: Non-economic damages reflecting the child’s experience and the family’s hardship.
  • Lost parental wages: When a parent reduces work hours or leaves employment to provide care, that loss may be recoverable.

Kentucky doesn’t cap damages in medical malpractice cases. The amount a family can recover is determined by the evidence, not an artificial statutory ceiling. We work with medical and economic professionals to build a damages picture that reflects what the child may need.

Kentucky Filing Deadlines for Erb’s Palsy Claims

Kentucky law sets a one-year statute of limitations for medical malpractice claims under KRS 413.140(1)(e), running from the date the injury is or reasonably should have been discovered. For injuries to minors, KRS 413.170 tolls that limitations period until the child turns 18, after which the standard one-year period begins to run.

Parents aren’t required to wait until their child is an adult to file. A guardian can bring a claim on the child’s behalf at any point before age 18, and filing earlier matters for practical reasons: delivery records, witness recollections, and hospital documentation are easier to preserve closer to the event. Some families don’t recognize the full extent of the injury until months or years later, when developmental delays become apparent. The discovery rule and the minor tolling provision both address that reality, but specific timelines vary. An attorney can assess which deadlines apply to your family’s situation.

Talk to an Erb’s Palsy Attorney in Louisville at No Cost

Brownfield Dufour PLLC handles Erb’s palsy and birth injury claims within our dedicated medical malpractice practice. Louisville families and those throughout the Jefferson County area can reach us for a free, no-obligation consultation by phone, text, or online. The first conversation costs nothing and gives you a clearer picture of where things stand.

Contact Brownfield Dufour PLLC today at (502) 822-5584 to speak with an Erb’s palsy attorney in Louisville who understands what your family is facing and can help you move forward.

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