Birth Injuries /

Erbs Palsy

One example of preventable harm to a child during delivery is brachial plexus palsy, also known as Erb’s palsy after the doctor who first described the condition.

Tacoma Birth Injury Attorneys Litigate Erb’s Palsy Cases

EXPERIENCE LEGAL TEAM HOLDS NEGLIGENT HEALTHCARE PROVIDERS ACCOUNTABLE

One example of preventable harm to a child during delivery is brachial plexus palsy, also known as Erb’s palsy after the doctor who first described the condition. Erb’s palsy occurs when pressure on the baby’s shoulder causes bruising or tearing within the cluster of nerves called the brachial plexus. Damage can be short-lived or permanent, depriving the child of strength and mobility in the affected arm. Since 1959, the personal injury lawyers at Rush, Hannula, Harkins & Kyler PLLC have fought for injured newborns to obtain adequate compensation for serious injuries. You can trust our legal team for our experience, knowledge and dedication to pursuing positive results in your case.

 

WHAT ARE THE SYMPTOMS OF BRACHIAL PLEXUS PALSY IN NEWBORNS?

Symptoms may appear immediately or soon after birth, and may include:

  • Immobility in the infant’s arm or hand
  • Lack of Moro reflex on the injured side
  • Arm remaining bent and tight against body
  • Discernibly weaker grip on the injured side

If simple bruising is the cause, these symptoms should clear up quickly. If nerves have been torn, the infant may require surgery to repair function. However, in many cases, even surgery involving nerve grafts will not improve the infant’s long-term prognosis.

 

WHEN DO PARENTS HAVE A LEGAL CAUSE OF ACTION FOR ERB’S PALSY IN A NEWBORN?

Newborns are vulnerable to brachial plexus injury, so it’s important to establish when and how the injury occurred. The nerves of the brachial plexus can be injured during a difficult delivery, but that is not necessarily proof of healthcare provider negligence. However, advances in medical science have given doctors diagnostic tools and corrective procedures to address the leading causes of Erb’s palsy, including:

  • Breech delivery
  • Larger-than-average baby
  • Shoulder dystocia (difficulty delivering the shoulder after the head is out)

Doctors often employ cesarean delivery when they have concerns about a difficult delivery. The failure of a doctor to anticipate a difficult delivery or recommend a C-section when indicated may amount to malpractice, providing grounds for a birth injury lawsuit. Concerned attorneys at Rush, Hannula, Harkins & Kyler PLLC thoroughly investigate the circumstances of your child’s prenatal care, delivery and post-delivery care to uncover evidence of negligence from any caregivers who may have impacted your child’s condition.

 

Trust our Tacoma birth injury lawyers for representation in Erb’s palsy cases

Modern medical science has given doctors the tools necessary to eliminate Erb’s palsy. If your child suffered brachial plexus harm during delivery, you might have grounds for legal action. Call Rush, Hannula, Harkins & Kyler PLLC at 253-383-5388 or contact our firm online to schedule a free consultation.

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Medical malpractice claim against a doctor who failed to properly treat the client’s medical condition over a significant period of time. As a result the client suffered significant medical complications.
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Client was the victim of medical malpractice when the emergency room failed to diagnose a bowel obstruction, resulting in severe intestine injury and a colostomy.
$835,000
A young woman was the victim of medical malpractice as a result of the delayed diagnosis and treatment of appendicitis. Complications from her burst appendix caused the loss of an ovary and her fallopian tubes resulting in her inability to become pregnant.
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Client was a victim of medical malpractice for the failure to timely diagnose lung cancer. He ultimately experienced a wrongful death because it was too late to treat his cancer.
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Client was the victim of medical malpractice and suffered a wrongful death resulting from a failure to diagnose an abdominal aortic aneurysm in the emergency room.
$325,000
Medical malpractice claim against a medical facility for failing to timely diagnose an urgent medical condition causing the client to suffer further injury that could have been prevented.
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Client was the victim of medical malpractice that resulted from the failure to timely diagnose her cancer. She suffered a wrongful death as a consequence of the delay in initiating needed treatment.
$250,000
Client was the victim of medical malpractice. This resulted from the failure to timely diagnose and initiate treatment for her developing glaucoma.
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Do I need a lawyer to file a personal injury lawsuit?

It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.

 

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What is the statute of limitations in Washington for personal injury?

A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.

 

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How much does a personal injury lawyer cost?

The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.

 

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How do I file a personal injury lawsuit in Washington state?

At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.

 

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  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • Dan Kyler and Mike Fisher were professional and dedicated throughout the entire process. I would recommend this law firm to anyone.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
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  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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