A family from New York became delighted when they saw their birth injury lawsuit moved from State to the Federal Court with a view to streamline the judicial process and offer quick justice to plaintiffs. The move was initiated by the Supreme Court of the State of New York, Kings County on the 8th of January, 2013 following the request of the plaintiff and the complexity of the case.

It is important to underline here that the Erb’s Palsy lawsuit was originally filed on August 10, 2010, with the State of New York, Kings County, in which the New York based plaintiff accused the members of the medical staff at the Lutheran Medical Center liable for birth injuries that their new born sustained during the birth. In the lawsuit the plaintiff and her birth injury attorney have claimed that due to the negligence of the medical staff the infant suffered from Erb’s Palsy, which is a serious birth injury that could damage the shoulders and arms of the victim.

In the original lawsuit that was filed by the plaintiff and her birth injury attorney it was said that pre-natal care offered by the medical staff at Lutheran Medical Center was not at par with the quality standards of the United States Law. In the lawsuit the plaintiff has also accused that the vacuum extraction method performed by the medical staff was not accurate and proper and that more precautions could have been taken to ensure safety of the mother and the new born.

The plaintiff also added that when the obstetricians did eventually perform the operation, but the vacuum extraction used caused birth injuries.In the lawsuit the plaintiff has framed a number of charges against the defendant including negligence and irresponsibility and sough the harshest verdict as the plaintiff in the case is a minor and has sustained injuries that are permanent and irreversible.

What is Erb’s Palsy?

Erb–Duchenne palsy or commonly known as Erb’s palsy is basically a paralysis of the arm caused by injury to the upper group of the arm’s main nerves, specifically the severing of the upper trunk C5–C6 nerves. In fact all these nerves form part of the brachial plexus, comprising the ventral rami of spinal nerves C5–C8 and thoracic nerve T1. Erb’s palsy is a condition that stems from damage to the child’s nerves, and can cause weakness, numbness, and even paralysis in the arms and shoulders of a child.