Case Study: Birth Injury Resulting in Erb’s Palsy

Background: Baby Emma was born following a complicated delivery in which excessive force was applied during shoulder dystocia, leading to a brachial plexus injury diagnosed as Erb’s Palsy. As a result, she experienced significant weakness, limited movement, and impaired function in her right arm. Despite physical therapy and conservative treatment, Emma required surgical intervention to improve function and would likely face lifelong challenges with strength, range of motion, and coordination.

Challenges: The defense argued that Emma’s condition could improve with therapy and that future impairments were speculative. They sought to minimize future medical costs and limitations on her quality of life.

1. Life Care Plan

A life care planner provided a comprehensive evaluation of Emma’s medical needs, including ongoing physical therapy, occupational therapy, adaptive devices, future surgeries, and long-term care considerations. This report demonstrated the significant financial burden placed on the family due to her condition.

2. Present Value Assessment of Life Care Plan

An economist calculated the present value of Emma’s anticipated lifetime medical expenses, ensuring that future costs for therapy, surgical interventions, and assistive devices were properly accounted for in her compensation.

3. Vocational Loss of Earnings

A vocational expert assessed the impact of Emma’s condition on her future employment opportunities. Given the likelihood of permanent functional limitations in her dominant arm, she was projected to have restricted career options and reduced earning capacity.

4. Present Value Assessment of Loss of Earnings

An economist provided a present value analysis of Emma’s future lost earnings, factoring in limitations caused by Erb’s Palsy, her need for workplace accommodations, and her restricted job market participation.

5. Medical Bill Reasonableness of Charges Analysis

A certified life care planner reviewed Emma’s past medical expenses to confirm that charges for therapy, evaluations, and surgical procedures were reasonable and customary. This analysis prevented the defense from undervaluing her past medical costs.

Outcome: With compelling damages valuation expert reports and testimony, Emma’s legal team ensured financial support for her ongoing medical needs, future loss of earnings, pain and suffering, and adaptive accommodations. The compensation provided security for her long-term care and opportunities for the best possible quality of life.

Conclusion: For injury attorneys handling birth injury cases involving Erb’s Palsy, life care plans, economic assessments, and vocational evaluations are crucial. By leveraging expert-backed evidence, attorneys can effectively counter defense arguments and achieve a just outcome for their clients.