Why this guide matters for Portland families

When a newborn is diagnosed with Erb’s Palsy after a difficult delivery, families face urgent questions about treatment, long-term care, and how to pay for it all. Beyond the medical decisions, there is a complex set of legal, insurance, and public-benefit options that can ease the financial burden and protect a child’s future.

This guide explains compensation for Erb’s Palsy in Portland, who may be liable in a birth injury case, how damages are calculated, and how insurance and government programs like SSI and Medicaid fit into an overall plan. It is written for parents seeking clear, practical steps to move forward.

At Angel Law, P.C., our Portland birth injury attorneys investigate what happened in the delivery room, coordinate independent medical experts, and build a compensation plan that accounts for future medical costs, adaptive equipment, parents’ lost income, and pain and suffering. We also help families navigate insurance, hospital billing, and public benefits such as SSI and Medicaid so you can focus on your child’s care while we handle the legal work

Free consultation. Speak with a Portland birth injury lawyer at Angel Law, P.C. Call (503) 862-8666 to get answers today.

What Erb’s Palsy is and why it happens

Erb’s Palsy is a brachial plexus injury that can occur during childbirth, often associated with shoulder dystocia when the baby’s shoulder is impacted behind the mother’s pelvis. Excessive lateral traction, improper use of vacuum or forceps, or delays in responding to fetal stress can stretch or tear the nerves controlling the shoulder, arm, and hand. The impact ranges from temporary weakness to permanent paralysis, depending on the severity of the nerve damage. Early diagnosis and therapy improve outcomes, and some children require nerve grafting or tendon transfers.

Compensation for Erb’s Palsy in Portland

Compensation is designed to make the child and family whole to the extent money can. In an Erb’s Palsy case, recoverable damages may include:

• Past and future medical expenses, including surgery, therapy, bracing, and adaptive equipment
• Future medical costs documented in a life care plan, such as ongoing occupational and physical therapy, orthotics, botulinum toxin treatments, and attendant care
• Home and vehicle modifications and assistive technology to promote independence
• Educational supports, specialized programs, and therapies not fully covered by insurance
• Lost income related to parents’ time away from work for appointments and caregiving
• Loss of earning capacity for the child if permanent functional limits are expected
• Pain and suffering, loss of enjoyment of life, and the daily impact of functional limitations
• Out-of-pocket expenses, transportation, and other incidental costs

These categories align with how Portland families experience the condition day to day and allow a settlement or verdict to fund what the child actually needs over time.

Who may be liable for Erb’s Palsy

Liability depends on whether the evidence shows that providers failed to meet the standard of care during prenatal care, labor, or delivery. Potentially responsible parties can include the delivering obstetrician, residents, nurses, midwives, or the hospital or birthing center through direct and vicarious liability. Examples of alleged negligence may involve:

• Inadequate planning for shoulder dystocia risk factors such as suspected macrosomia, maternal diabetes, or prior dystocia
• Excessive traction on the baby’s head and neck rather than using recommended maneuvers
• Improper use of vacuum or forceps or failure to convert to cesarean delivery when indicated
• Delayed response to fetal distress or prolonged second stage without appropriate escalation
• Incomplete documentation or communication breakdowns among the care team

A careful review of prenatal records, labor notes, fetal monitoring strips, nursing flowsheets, and operative reports is essential. Independent experts in obstetrics, pediatrics, and pediatric neurology are typically retained to evaluate causation and standard of care.

Building the proof: records, experts, and life care planning

Birth injury cases are evidence-intensive. A strong Erb’s Palsy claim usually includes:

• Complete medical records from prenatal care through postpartum, including electronic fetal monitoring data
• Detailed delivery room documentation and any operative or neonatal intensive care records
• Early pediatric evaluations, EMG/nerve conduction studies where applicable, and therapy notes that track function over time
• A life care plan prepared by a rehabilitation specialist that outlines future medical needs and costs across the child’s life expectancy
• Economic analysis of lost income for caregivers and future earning capacity for the child where permanent impairment exists

This foundation allows insurers and juries to see both what happened and what it will cost to provide for the child’s needs.

Settlement versus litigation

Many Erb’s Palsy cases resolve through negotiated settlement. Settlement offers earlier funding for care and avoids the stress of trial. Cases that do not settle proceed to litigation, where discovery, depositions, and expert testimony shape the outcome. The right path depends on the strength of the evidence, the degree of permanent injury, and the coverage available from the defendants and their insurers. A law firm experienced in birth injury compensation can prepare for trial from day one while remaining open to a settlement that meets the child’s long-term needs.

Insurance coverage and medical billing

Families often face a mix of private health insurance, Medicaid, and hospital billing practices. Coordinating benefits prevents gaps in care and avoids avoidable liens against a settlement. Key points include:

• Health insurance may pay for immediate care but may assert reimbursement rights if a third-party recovery occurs
• Medicaid can act as a payer of last resort and has its own recovery rules that must be addressed before funds are disbursed
• Out-of-network billing or therapy caps require early planning, including appeals and letters of medical necessity
• Structured settlements and special needs trusts can help preserve eligibility for means-tested programs

Government programs and community resources

For many Portland families, public benefits fill important gaps:

• Supplemental Security Income for disabled children can provide monthly cash benefits if household income and assets are within limits
• Medicaid provides medical coverage and, in some cases, waiver-based services that pay for therapies or attendant care not covered elsewhere
• Early intervention programs offer therapies and developmental services beginning in infancy
• School-based services through an Individualized Education Program can fund therapies and accommodations at no cost to families

A compensation plan should account for these benefits and coordinate them with any recovery to avoid jeopardizing eligibility.

Statute of limitations and timing considerations

Oregon applies strict time limits to medical malpractice and birth injury claims. There are additional rules for minors and for claims discovered after the fact. Because deadlines can be affected by the specific facts of a case, families should consult a Portland attorney as soon as possible to preserve their rights. Early action also helps secure records, retain experts, and document the child’s progress and needs.

Calculating future medical costs and lost income

Forecasting future needs is the backbone of birth injury compensation. Life care planners gather treatment protocols, therapy schedules, equipment replacement cycles, and expected surgeries to project costs year by year. Economists then account for inflation, wage growth, and the time value of money. When functional limits are permanent, vocational experts may assess the child’s likely work options in adulthood to estimate loss of earning capacity. Parents’ lost income tied to caregiving responsibilities can also be valued with payroll records and employer statements.

Pain and suffering in Erb’s Palsy cases

Money cannot restore full function, but it can recognize the human impact of a permanent injury. Pain and suffering consider discomfort, limitations in activities, and the emotional toll on a child who may face challenges with dressing, lifting, sports, or music. A thorough narrative, supported by therapist and teacher observations and family journals, helps explain the day-to-day impact that is not fully captured by medical bills alone.

How compensation is paid: lump sum, structure, and trusts

• Families can choose from several options to receive funds:
• Lump sum payments offer flexibility for immediate needs such as surgery, home modifications, or paying off debt
• Structured settlements provide guaranteed future payments for therapies or schooling and can be tailored to peak expense years
• Special needs trusts can hold settlement funds without affecting eligibility for SSI and Medicaid, with distributions made for qualified expenses

These tools can be combined to balance stability with access to funds when the child needs them most.

What to do now if your child has Erb’s Palsy in Portland

• Gather records from prenatal care, delivery, and pediatric visits and keep them in one place
• Track all out-of-pocket costs and time missed from work related to your child’s care
• Continue recommended therapies and keep every appointment when possible
• Write down what you remember about labor and delivery while the details are fresh
• Speak with a Portland birth injury lawyer to evaluate liability, damages, deadlines, and coverage

Frequently Asked Questions

What is the difference between Erb’s Palsy and a general brachial plexus injury

Erb’s Palsy is a type of brachial plexus injury that primarily affects the upper nerves controlling the shoulder and elbow. The term brachial plexus injury is broader and can include damage across more or different nerve roots with varying patterns of weakness or paralysis.

Who is liable for Erb’s Palsy after a difficult delivery

Liability depends on whether providers failed to meet the standard of care. Obstetricians, nurses, or hospitals may be responsible when excessive traction, improper instrument use, or delays in responding to risk factors or fetal distress lead to nerve damage.

What compensation can a Portland family pursue for Erb’s Palsy

Compensation may include past and future medical expenses, therapy and adaptive equipment, home and vehicle modifications, educational supports, parents’ lost income, loss of earning capacity for the child, and pain and suffering.

How do SSI and Medicaid affect an Erb’s Palsy settlement

SSI and Medicaid can provide essential benefits, but receiving a settlement without proper planning can impact eligibility. Tools such as special needs trusts and structured settlements help preserve benefits while funding care.

Contact our Portland Erb’s Palsy lawyers

If your child was diagnosed with Erb’s Palsy in Portland, Angel Law, P.C. can help you pursue birth injury compensation, coordinate benefits, and build a funding plan for future medical costs. We offer free consultations and can discuss options by phone or message. Contact us today to speak with a Portland birth injury lawyer and get a clear plan for your next steps.

Free consultation. Tell us what happened and learn your options with Angel Law, P.C.