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Erb's Palsy

Erb’s Palsy Attorney in Denver

Birth Injury Claims Backed by Results That Changed Colorado Law

Erb’s Palsy is a brachial plexus birth injury that leaves a newborn with weakness or paralysis in one shoulder and arm. When it results from a preventable delivery-room error, families have the right to pursue compensation. Denver Trial Lawyers® has represented Colorado families in birth injury cases since 2003, applying an evidence-based, trial-ready approach to every claim we take on.

If your child was diagnosed with Erb’s Palsy and you believe a delivery-room error may be responsible, call our Denver birth injury attorneys at (303) 647-9990 for a free case review.

What is Erb’s Palsy?

Erb’s Palsy is an injury to the brachial plexus, the network of nerves running from the spinal cord through the shoulder and down the arm. The injury most commonly involves the C5 and C6 nerve roots, which control movement and sensation in the shoulder and upper arm. When those nerves are stretched, compressed, or torn during delivery, the result can be lasting weakness or paralysis.

Several delivery-related events are associated with brachial plexus injuries in newborns:

  • Shoulder dystocia: The baby’s shoulder becomes lodged behind the mother’s pubic bone after the head has emerged, requiring the delivery team to maneuver the baby free.
  • Excessive traction: Pulling or twisting the head and neck during a difficult delivery places direct stress on the brachial plexus nerves.
  • Improper instrument use: Forceps or vacuum extractors applied incorrectly can increase the force transmitted to the baby’s neck and shoulder.
  • Breech delivery complications: When a baby is delivered feet-first, the arms and shoulders are at elevated risk for nerve injury.

Parents often notice signs in the newborn’s first hours or days: one arm hanging limp and rotated inward, limited movement at the shoulder or elbow, reduced grip strength, or an asymmetrical Moro reflex. Severity ranges from mild weakness that resolves with physical therapy to permanent paralysis requiring surgical intervention.

Why Denver Families Bring Erb’s Palsy Claims to Us

Our team is built for complex birth injury litigation. Attorneys, paralegals, investigators, nurse practitioners, and litigation technology specialists work together on every case, bringing more than 175 years of combined experience. That internal medical knowledge matters when evaluating whether a delivery team met the standard of care.

Trial-Ready Preparation & Birth Injury Results

We’ve tried more than 100 cases, which gives us real negotiating weight when settlement discussions begin. Our birth injury results reflect that preparation. In Rudnicki v. Bianco, we secured a $9 million verdict and settlement that changed Colorado law, allowing injured children to recover their own medical expenses and letting prejudgment interest exceed the $1 million damages cap. We also obtained what has been described as the largest known medical malpractice arbitration award in U.S. history: $70 million in a birth injury case involving misuse of a labor-inducing drug.

Roots in Colorado’s Legal Landscape

Founding partner David S. Woodruff was asked to help draft the Colorado Candor Act, which governs how hospitals may open confidential discussions with families following an adverse health care incident, and testified before the Colorado legislature on its behalf. We’ve handled cases involving care at Denver Health Medical Center and other major Denver-area hospitals, so we understand how these claims develop locally. Across all case types, our firm has recovered over a billion dollars for past clients.

Start Your Child’s Case at No Upfront Cost

We represent Erb’s Palsy families on a contingency-fee basis: you pay nothing unless we recover compensation for your child. 

To speak with our Denver Erb’s Palsy lawyer about your family’s situation, call (303) 647-9990 today.

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Recognized for Shaping the Law

the record we stand on

Over a Billion Dollars Recovered for Our Clients
  • $70 Million Birth Injury Involving Misuse of Drug to Induce Labor

    $70 million arbitration award, the largest known medical malpractice arbitration award in U.S. history. David S Woodruff handled this birth injury case involving an HMO labor/delivery unit that misused Cytotec, a drug used to induce labor.

  • $9.2 Million Birth Injury Verdict and Settlement

    $9 million birth injury verdict and settlement - Rudnicki v. Bianco. The case changed the law in Colorado, allowing children to recover their own medical expenses and allowing prejudgment interest to exceed the $1 million overall cap on damages.

  • $7.2 Million Birth Injury Verdict Involving a Misplaced Device

    $7 million medical malpractice jury verdict. David Woodruff handled this birth injury case, which culminated in a 2-week jury trial in Colorado Springs. The case involved a physician who misplaced a “vacuum extraction device” while delivering the infant.

  • $2.4 Million Settlement for Baby With Brain Injury

    Dan Sloane secured a settlement for client who sustained a brain injury at birth.

When Erb’s Palsy Is Caused by Obstetric Negligence

Not every case of Erb’s Palsy results from negligence. Some brachial plexus injuries occur despite a delivery team following the standard of care. But when a provider fails to identify known risk factors, such as an unusually large baby or a prolonged labor pattern, or applies excessive force with delivery instruments, the injury may reflect a failure in care.

To bring a Colorado medical malpractice claim, a family must establish four elements: that the provider owed a duty of care, that the provider breached that duty by departing from accepted medical practice, that the breach caused the child’s injury, and that the injury produced actual damages. Colorado’s Health Care Availability Act also requires claimants to file a certificate of review, a document confirming that a qualified medical professional has reviewed the claim and found it has a reasonable basis. Because our team includes nurse practitioners, we can assist with the clinical evaluation that underpins that review from the outset of a case.

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    "Steve Wahlberg handled our very difficult case with brilliance."
    Every chess move was outlined from the start and was proven to be spot on. The team helped our family to align our goals and expectations for the case with the law. The attentiveness and professionalism were clearly of the very highest quality and standards. Expectations regarding financial outcomes and payment were made very clear and remained transparent throughout the case management.
    - D. F.
    "Mr. Woodruff never gave up."
    My case ended up getting so messed up and complicated because of my former attorneys that no firm would even consider taking my case to try and salvage it. But, thanks to Mr. Woodruff for never giving up and helping us, even though his plate was so full of other clients. He never pushed us off to the side nor quit helping us. Now, this part is very important! Mr. Woodruff was never hired as my attorney, but yet, he insisted on making sure that my family and I were always taken care of and never forgotten about! Plus, he never asked us for one cent for all the time and work he had put into my case! Mr. Woodruff put more time into my case than the attorneys that I hired! In my opinion, Mr. Woodruff could have easily sent me a bill somewhere in the neighborhood of $20,000 and up! Mr. Woodruff and his firm are the only attorneys that I know who truly care about the people and not just about making money! Eventually, Mr. Woodruff and Mr. Sloane helped my family recover enough money to help us be able to start our lives over. So, if you're looking for a firm of attorneys that are ethical, actually care about you, and will do everything within their power to get you what you deserve, then you must contact Denver Trial Lawyers! My family cannot stress enough just how great this firm is! They truly saved our lives, so do yourself a huge favor and call Denver Trial Lawyers so they can save yours! Thank you, Mr. Woodruff and Mr. Sloane, from the bottom of our hearts, you will never be forgotten for all you have done for us! You are truly my family's angels!
    - Jon F.
    "Thank you, David Woodruff, for all your hard work."
    They helped my family bring justice to our son.
    - Star S.
    "Dan Sloane and his staff were nothing less than impeccable."
    Dan Sloane and his staff were nothing less than impeccable in service, communication, follow-through, and attention to detail. While it can be unnerving when dealing with legal affairs, their team kept it personal, informative, and easily understandable.
    - Dean R.
    "Jordan and her team were kind, attractive, and comprehensive with us, always answering our questions and concerns promptly."
    We lost our daughter at birth due to medical malpractice, and after a law firm said that they couldn't take our case due to the difficulty of our case, we found Jordan LaBonde Grosgebauer who took our case. She was able to get justice for our daughter. They are truly a marvelous team and an amazing law firm. We will always be grateful to her for taking care of us in such a difficult time.
    - Joselin G.
    "Stephen Wahlberg never lost sight of the human element of his very important work."
    I consider myself fortunate to have been represented by Steve Wahlberg on a complex and sensitive case. Not only is Steve a competent attorney who worked tirelessly on my behalf, but he is also a kind and compassionate individual. I am most grateful to Steve and his team and recommend them highly and without reservation.
    - Kara N.
    "I put my TRUST in Dan Sloane."
    I hired Denver Trial Lawyers to represent us in a personal injury case. My mother was abused in a nursing home. I was able to call and get my questions answered in a quick response. Dan is very professional and impressed me during negotiations with his clever strategies. He sincerely cares and seeks justice. Dan knows what he's doing and won our case for us. Having the assurance of someone strong handling things when you're broken and trying to heal was such a RELIEF. Thanks to Dan Sloane and John McDonnell for helping us through this ordeal and getting justice and compensation for my mom.
    - Julie D.
    "Stephen Wahlberg went above and beyond in their empathetic approach."

    Stephen Wahlberg recently helped my family and me in a wrongful death case, which we filed on behalf of my mother. I’ll never forget the day of - it was surreal. Having been through these situations many times before in his career, Steve came to our side and had his staff on the scene immediately. He was highly recommended by trusted friends, and his presence offered a breath of fresh air. It was a relief in many ways, to know that he would "take care of it.” I highly recommend him to anyone who may be considering his services. I am grateful we were gifted with an incredible human being AND brilliant/talented/experienced/well-connected lawyer to support us through the legal process. Thanks again, Steve and team!

    - Catrina A.

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frequently asked questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 303-647-9990 today!

  • What Should I Bring To My Initial Consultation?
    For an initial meeting, it is helpful to bring any documents you already have, such as the accident report, medical records, medical bills, photographs, and correspondence from insurance companies. You should also have a list of the health care providers you have seen and information about your employment and lost time from work. If you do not have all of this information yet, you can still schedule a consultation, and additional records can be collected later with your permission.
  • Do I Have To Go To Court For My Motorcycle Accident Case?
    Many motorcycle accident cases are resolved through insurance negotiations rather than a trial. Whether your case goes to court depends on factors such as how clearly fault can be proven, the amount of available insurance coverage, and whether the insurance company is willing to offer a fair settlement. If a lawsuit is filed in a local court, such as Arapahoe County District Court, the case may still settle before it reaches a jury.
  • How Long Do I Have To File A Motorcycle Accident Claim In Colorado?
    In most situations, you have two years from the date of a motorcycle accident to file a personal injury lawsuit in Colorado. This deadline is called the statute of limitations, and missing it can prevent you from bringing your claim to court. Certain circumstances, such as claims involving a government entity, may have shorter notice requirements. Speaking with an attorney as soon as you can after a crash helps make sure important time limits are identified and met.

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