Erb's Palsy & Brachial Plexus Injury Settlement Ranges (2026)

By John Mahoney · Reviewed by a practicing physician · Updated 2026-09-02 · Estimated comparables ranges, all 50 states + DC

Brachial plexus injury after shoulder dystocia is the most common birth-injury claim that is not a brain injury — and that distinction is the whole valuation story. The injury is to an arm, not to cognition or life expectancy, so the economic damages are a fraction of a cerebral palsy plan, and most of these cases value in the lower and middle portion of the obstetrics range. The cases that reach the top are the ones with permanent, global, surgically unrepaired deficits.

Below are the estimated obstetrics / birth-injury ranges from MedLegal AI's case-comparables model for every state, followed by the drivers that decide where a brachial plexus case actually sits.

What moves a erb's palsy and brachial plexus injury case up or down the range

• Permanence — The single largest driver. An injury that resolved in the first year is a modest claim; a permanent deficit after surgical repair is the top of this injury type.
• Extent of the plexus injury — Upper-root Erb's palsy with preserved hand function values below a global plexopathy with a functionless arm.
• Dystocia management and documentation — Which maneuvers were used, in what order, how long the head-to-body interval was, and whether the note documents traction or its absence.
• Foreseeability — Documented risk factors before delivery — macrosomia, maternal diabetes, prior shoulder dystocia, prolonged second stage — and whether the delivery plan and counseling addressed them.
• Causation defense — The maternal-forces-of-labor defense is well developed; the plaintiff's expert must engage with it directly rather than assume traction from the injury alone.

The medicine the case turns on

The brachial plexus is the network of nerves from the lower cervical and upper thoracic spine that supplies the arm. Erb's palsy describes injury to the upper roots (C5–C6, sometimes C7), producing weakness of the shoulder and elbow; Klumpke's palsy involves the lower roots (C8–T1) and the hand; global plexus injury involves all of them. Many neonatal brachial plexus injuries recover substantially within months. The permanent cases are typically those with nerve root avulsion or rupture, which may require nerve grafting or transfer surgery and still leave lasting weakness, limited range of motion, and limb-length or growth differences.

The liability dispute is almost always the same: the plaintiff contends the injury resulted from excessive lateral traction on the head during a shoulder dystocia, and the defense contends that the natural forces of labor — including maternal pushing and uterine contractions — can produce the same injury without any traction at all. The records that matter are the delivery note, the maneuvers used and their sequence, the timing, the estimated fetal weight and any risk factors for dystocia that were known before delivery, and the neonatal and pediatric neurology follow-up.

Severity tiers — where the case sits in the state range

Tiers describe where a case profile typically sits within the model's range for its state; they are not separate dollar estimates.

Erb's Palsy / Brachial Plexus — estimated ranges by state

Each row is the model's obstetrics / birth injury range for that state — the specialty erb's palsy and brachial plexus injury claims map to. "Median" is the model's central estimate within the range, not a computed statistic from reported verdicts — see the methodology note above.

How your state's damages cap changes this

Because the economic component of a brachial plexus claim is comparatively small, non-economic caps bite harder here than in cerebral palsy cases — in a low-cap state the cap can be the effective ceiling on a permanent-injury case.

Three illustrative states — a low fixed non-economic cap, an indexed cap schedule, and no cap — from the verified 2026 cap file used across this site. Every other state's summary is linked from the table above.

Cap rules change and are frequently litigated — verify the current statute before relying on any summary here.

Liability guides for erb's palsy and brachial plexus injury cases

• Erb's palsy and shoulder dystocia deposition questions
• Shoulder dystocia / brachial plexus deposition prep
• OB/GYN deposition checklist for birth-injury cases

Frequently asked questions

What is the estimated settlement range for an Erb's palsy or brachial plexus birth injury?

Across the 51 jurisdictions in MedLegal AI's case-comparables model, the obstetrics / birth injury range runs from a low of $200K in the most conservative state to a high of $15M in the most plaintiff-friendly one; the typical state's central estimate falls between $900K and $1.2M. Where a specific erb's palsy and brachial plexus injury case sits inside — or beyond — its state's range depends on severity, economic damages, causation strength, and the state's damages cap. These are estimated ranges from MedLegal AI’s case-comparables model — directional planning estimates, not averages from a verdict database. Actual outcomes vary widely with the facts, venue, damages caps, and counsel.

Why do brachial plexus cases value below cerebral palsy cases?

Because the injury is to an arm rather than to the brain, life expectancy and cognition are unaffected and the life-care plan is far smaller. Value is driven by permanence, the extent of the plexus injury, and the strength of the traction-versus-natural-forces causation proof. These are estimated ranges from MedLegal AI’s case-comparables model — directional planning estimates, not averages from a verdict database. Actual outcomes vary widely with the facts, venue, damages caps, and counsel.

What is the main defense in a shoulder dystocia case?

That the natural forces of labor — maternal pushing and uterine contractions — can cause a brachial plexus injury without any excessive traction by the delivering clinician. The plaintiff's expert has to address that defense with the delivery record, not just the fact of the injury. These are estimated ranges from MedLegal AI’s case-comparables model — directional planning estimates, not averages from a verdict database. Actual outcomes vary widely with the facts, venue, damages caps, and counsel.

Does the state damages cap matter more in these cases?

Usually yes. Non-economic damages are a larger share of a brachial plexus claim than of a cerebral palsy claim, so a non-economic cap can set the ceiling on a permanent-injury case. The verified 2026 cap summary for each state is linked from the table on this page. These are estimated ranges from MedLegal AI’s case-comparables model — directional planning estimates, not averages from a verdict database. Actual outcomes vary widely with the facts, venue, damages caps, and counsel.

Related resources

• All injury types — settlement ranges
• All states — settlement & verdict ranges
• Free Settlement Valuation Calculator
• Free Damages-Cap Calculator
• Free Statute-of-Limitations Calculator
• Case Plan

This page is informational only and is not legal or medical advice. Figures are model estimates — consult a licensed attorney in the relevant state to evaluate any actual claim.