Erb’s Palsy Attorney in Kansas City

Fighting for Kansas City Families Since 1997. No Fees Unless We Recover.

Erb’s palsy is a brachial plexus birth injury that affects a newborn’s shoulder, arm, and hand function. It isn’t a birth defect. It’s a traumatic injury that happens during delivery, and in many cases, it was preventable. When it results from a provider’s failure to meet the standard of care, families have the right to pursue compensation. Bertram & Graf, L.L.C. has represented clients in medical malpractice matters since 1997, and we bring the same meticulous, case-specific approach to every Erb’s palsy claim we handle.

We work on a contingency fee basis, meaning you owe us no legal fees unless we recover on your behalf. Free consultations are available, including virtual consultations.

If your child has been diagnosed with Erb’s palsy, contact Bertram & Graf, L.L.C. today at (888) 398-2277 to schedule a free consultation with our Kansas City birth injury attorneys.

What Is Erb’s Palsy?

The brachial plexus is a network of nerves running from the spinal cord through the neck, shoulder, and arm. When these nerves are damaged during delivery, the result is a condition also called obstetric brachial plexus palsy or brachial plexus birth injury. According to the American Association of Neuromuscular and Electrodiagnostic Medicine, between 1 and 2 of every 1,000 births result in brachial plexus injuries that can lead to Erb’s palsy.

Severity varies widely. Some infants recover muscle strength as the nerves heal. Others face partial or complete paralysis of the affected limb that persists throughout their lives. The outcome depends largely on which nerves were damaged and how severely.

Delivery Errors That Cause Erb’s Palsy

Not every case of Erb’s palsy results from negligence. But many are tied to identifiable errors during labor and delivery. Common causes include:

• Shoulder dystocia: When a baby’s shoulders become lodged in the birth canal after the head has delivered, providers must use specific safe maneuvers to resolve the obstruction. Improper response to shoulder dystocia is among the most frequent causes of brachial plexus injury.
• Excessive traction: Pulling too hard on the infant’s head or neck as the shoulders pass through the birth canal can stretch or tear brachial plexus nerves.
• Improper instrument use: Forceps or vacuum extractors applied incorrectly or with too much force are a recognized cause of brachial plexus damage.
• Failure to order a timely C-section: When signs of fetal distress appear or risk factors like high birth weight or breech presentation are present, failing to proceed to an emergency cesarean can force a traumatic vaginal delivery that injures the brachial plexus.

Symptoms & Long-Term Impact

Families often first notice that an arm falls limp at the baby’s side or curls into an unusual position. Other early signs include difficulty gripping with the affected hand, numbness in the arm, and limited movement in the shoulder. In more severe cases, surrounding muscular and circulatory systems can also be affected.

Treatment typically involves physical therapy and occupational therapy. Serious nerve damage may require surgical repair, and some children need ongoing care well into adulthood. Families bear substantial costs: therapy sessions, adaptive equipment, surgery, and, in many cases, reduced income when a caregiver leaves employment to provide care. A malpractice recovery can help address those losses.

Proving Erb’s Palsy Malpractice in Missouri

A Missouri medical malpractice claim requires proving four things: a duty of care existed, the provider breached the applicable standard of care, that breach directly caused the injury, and damages resulted. In an Erb’s palsy case, the standard of care question centers on whether the delivery team responded appropriately to the circumstances they encountered.

Missouri’s Expert Affidavit Requirement

Missouri law adds a procedural requirement under RSMo 538.225: within 90 days of filing suit, the plaintiff’s attorney must file an affidavit confirming that a qualified medical expert reviewed the case and concluded the standard of care was breached. The defense will retain its own experts to argue the delivery team acted appropriately or that the injury was unavoidable. How well competing expert testimony is prepared and presented often affects the outcome. We build each case from the ground up, investigating the delivery record thoroughly and working with qualified experts before a single filing is made.

Missouri’s Noneconomic Damage Caps

Missouri’s noneconomic damage caps under RSMo 538.210 adjust annually and, as of 2026, stand at $481,494 for standard personal injury cases and $842,614 for catastrophic injuries. Economic damages, including future medical costs and lost earning capacity, aren’t capped.

Missouri Filing Deadlines for Erb’s Palsy Claims

Under RSMo 516.105, Missouri’s general medical malpractice statute of limitations is two years from the date of the negligent act. For minor children, that deadline is extended: a child injured by medical malpractice has until their 20th birthday to bring a claim. Missouri also imposes a 10-year statute of repose, but for minors, the statute provides that no action may be commenced after 10 years from the negligence or two years from the child’s eighteenth birthday, whichever is later. A child injured at birth retains the right to file until age 20.

Even when time remains, early action matters. Evidence from the delivery, including fetal monitoring strips, nursing notes, and operative records, can be difficult to obtain or reconstruct years later. Consulting with an attorney early preserves your ability to build the strongest possible case.

Why Kansas City Families Choose Bertram & Graf, L.L.C.

Medical institutions and their insurers have experienced legal teams protecting their interests. We’ve litigated against some of the country’s largest medical organizations and won’t be deterred by a well-resourced defendant. That capacity to take on institutional opponents is one reason families across the Kansas City metro bring their birth injury cases to us. We don’t apply a template to complex malpractice claims. Every strategy is built from the ground up to reflect the specific facts of the case, the applicable standard of care, and the evidence available.

Our Attorneys & Credentials

Our attorneys admitted in Missouri include J. Scott Bertram, Benjamin A. Bertram, Caitlin S. Porto, and Tim West. Attorney West is also admitted in Kansas, covering families on both sides of the state line. Attorney Benjamin A. Bertram has been rated by SuperLawyers for five years, named a Top 100 Civil Plaintiff lawyer by The National Trial Lawyers Association in both 2016 and 2017, and recognized in the 2017 Mass Tort Trial Lawyers Top 25. Attorney J. Scott Bertram has also earned five years of SuperLawyers recognition. Our firm has been in practice since 1997.

Start with a Free Consultation

If your child was diagnosed with Erb’s palsy and you believe a delivery error may have been responsible, we’re ready to review your case. We offer free consultations, including virtual meetings, so geography is never a barrier to getting started. There are no legal fees unless we recover on your behalf.

Contact Bertram & Graf, L.L.C. at (888) 398-2277 to speak with a Kansas City Erb’s palsy attorney and take the first step toward understanding your family’s options.