How Much Is an Erb’s Palsy Lawsuit Worth in Georgia?

By Audrey M. Tolson

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Medical Malpractice

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Last Modified on Mar 19, 2026

Your child’s birth injury can leave you with many questions about what life will be like for them in the future. One question that families frequently ask is: How much is an Erb’s Palsy lawsuit worth in Georgia? The exact amount of a settlement can vary depending on factors such as the medical care needed and the severity of your child’s injuries.

Georgia Birth Injury Claim

Erb’s palsy is a condition caused by injury to the brachial plexus nerves during birth. These nerves run through the baby’s neck and shoulder and control movement and feeling in the arm. Complicated deliveries can sometimes damage these nerves, particularly if the baby’s shoulder gets lodged. When too much force is used to remove the baby’s shoulder from the birth canal, the neck and shoulder nerves can become damaged. Common Erb’s Palsy symptoms include:

• Weakness in one arm
• Limited ability to move the shoulder or bend the elbow
• Numbness in the arm
• Drooping of the arm
• The arm being pulled inward towards the body
• Weakness in the muscles of the arm
• Poor grasp reflex

Some children recover fully with physical therapy, while others require surgery and extensive therapy. Birth injury claims can be small or reach up to millions of dollars, depending on the facts of each case. When determining how much compensation should be awarded, courts and insurance companies look at several critical factors.

Birth injuries that are mild and respond well to therapy may warrant a small settlement. On the other hand, if your child suffers permanent nerve damage and will need care for the rest of their life, you deserve much more compensation. Second, the cost of medical care is a key consideration.

One of the more prevalent forms of birth-related nerve injuries affecting babies is brachial plexus birth injuries, which include Erb’s palsy, occurring in roughly 0.9 to 2.6 per 1,000 live births in the United States. Neglected cases can result in a persistent nerve function impairment of 20% to 30%.

Factors That Influence a Claim

Determining the value of your birth injury claim depends on several different factors. Every case is unique, and compensation can range from relatively small to millions of dollars. Courts and insurance companies will look at factors such as the following:

• Damages. Georgia Erb’s palsy cases, much like other personal injury cases, hinge on the damages the injured party has incurred. Compensation is used to pay for these damages.
• Medical expenses. Many children with Erb’s palsy require physical therapy to regain use of their arms. Treatment can also include occupational therapy, special equipment to help with daily tasks, and surgery.
• Long-term care. Some children require future medical care, such as additional therapy or surgery. Compensation may also take into account your child’s ability to care for themselves or live on their own.
• Pain and suffering. Compensation may be available for the pain and suffering your child has endured because of the injury.
• Loss of earning capacity. If your child’s injuries are severe, they may be unable to work in the future. Lost wages are an economically measurable form of damages that may be recovered.

Georgia Erb’s Palsy Laws

In Georgia, medical malpractice claims are based on certain laws that explain physician responsibilities and the rules for filing a claim. Georgia Code § 51-1-27 requires physicians, surgeons, and hospitals to use their reasonable skill and care when providing medical care. If a doctor or hospital breaches that duty by mishandling the delivery of a baby, they could be held liable for birth injuries.

Georgia plaintiffs must also file an expert affidavit along with any medical malpractice claim. Per Georgia Code § 9-11-9.1, a professional must review your case and attest that the medical professional breached their duty of care.

Hire an Erb’s Palsy Lawyer

Most families opt to hire an Atlanta Erb’s Palsy lawyer who can look into the events of labor and delivery to see if medical negligence was at fault. If negligence is found, your lawyer can help you pursue full compensation by reviewing your medical records, consulting professional witnesses, and filing a claim on your behalf. Your lawyer can also explain your legal rights, estimate your claim value, and negotiate with insurance companies.

FAQs

Can You File a Claim for Erb’s Palsy?

Yes, you may be able to file a claim for Erb’s Palsy. If Erb’s palsy is caused by mistakes that could have been avoided during birth, then parents may be able to file a birth injury claim. When medical professionals disregard medical standards, and a baby experiences nerve damage, parents can seek financial damages to cover medical bills, therapy, and the long-term effects of the injury.

Do Hospitals Usually Settle Claims?

Some hospitals will settle a medical malpractice claim without going to trial. Settlement may offer the plaintiff and the defendant an opportunity to conclude the matter more expediently and avoid the risk of an unfavorable court verdict. However, hospitals will not always settle. If the defendant contests liability and/or damages, the claim will move forward through the litigation process and maybe trial.

What Is an Erb’s Palsy Settlement?

An Erb’s palsy settlement is the amount of money awarded in settlement of a claim between the victim’s parents and the physician or hospital that caused the birth injury. This money can be used by the family to cover medical treatment, therapy, and future needs. Additionally, it can help with the physical limitations caused by Erb’s palsy.

What Is the Average Settlement for a Brachial Plexus Injury?

Verdicts and settlements in brachial plexus injury cases depend on several factors. The extent of nerve damage and the impact on a child’s future health and function are considered. Future therapy, surgeries, and lifelong disability may affect the worth of each claim. Because each case is different, any settlement should account for your specific case.

Contact The Tolson Firm, LLC

The Tolson Firm, LLC, is prepared to assist you in pursuing justice if medical malpractice caused harm to you or a loved one. Under the direction of Audrey Tolson, a proud Black lawyer named one of the “Most Powerful and Influential Female Lawyers,” the firm represents victims injured at hospitals like Emory Saint Joseph’s Hospital and Northside Hospital Atlanta.

Contact The Tolson Firm, LLC, right away to talk about your case and find out how we can help you get the money you are due.