Did excessive force cause Erb’s palsy?

A New York woman delivered her child at a hospital in 2002. After the delivery, the mother noticed the infant’s right arm was angulated and not moving. The infant was subsequently diagnosed with Erb’s palsy.

The woman sued, alleging negligence in the management of a shoulder dystocia and claiming unnecessary force and traction was used during the delivery. The matter was ultimately pursued against the delivering physician only.

The obstetrician contended that no excessive force was used and that the child made a good recovery. A $600,000 settlement was reached.