Birth injury settlements range from the low six figures for mild, resolving Erb's palsy to multiple millions for permanent brachial plexus injuries and severe birth injuries requiring lifetime care — because the damages span an entire lifetime. This birth injury and Erb's palsy settlement calculator estimates a brachial plexus or birth-injury malpractice claim from the lifetime cost of future care, the child's lost earning capacity, past medical costs, a severity factor, and an optional state non-economic damage cap. Enter your details below for a low-to-high range. Because a birth injury affects a person from the very start of life, the future-care and lost-earning-capacity figures dominate the total.
Erb's palsy is a brachial plexus injury that damages the nerves controlling the arm, most often during a difficult delivery involving shoulder dystocia. When negligent care — excessive traction, mismanaged dystocia, or improper instrument use — causes the injury, the family may bring a medical-malpractice claim. Use the calculator below as a starting point, then read the detailed sections on Erb's palsy, when a birth injury is malpractice, why these cases are so valuable, state caps, and the special deadline rules for minors.
Birth-injury damages are dominated by lifetime costs, so the calculator builds the estimate around them. The formula is:
Economic = (Lifetime Future Care + Lost Earning Capacity) × Severity × 0.7 + Past Medical Costs
Total = Economic + (Pain & Suffering × Severity, capped by state law)
The lifetime future-care cost is the present value of all the medical care, therapy, surgery, assistive equipment, and personal assistance the child will need over a full life. Lost earning capacity is the present value of income the child may never be able to earn because of the injury. These two figures, scaled by a severity factor, are the heart of a birth-injury valuation — a mild, resolving Erb's palsy needs far less lifetime care than a permanent paralysis. Past medical costs (surgery and therapy already incurred) are added directly. Finally, pain and suffering is scaled by severity and limited by any applicable state non-economic cap. The 0.7 weighting keeps the worst-case future figures from over-counting in milder cases.
Birth-injury values span a very wide range because severity ranges from full recovery to lifelong disability. The table shows illustrative tiers; actual amounts depend on the lifetime-care projection, the strength of the malpractice evidence, and the applicable state cap.
| Severity | Illustrative Settlement Range | Notes |
|---|---|---|
| Mild Erb's palsy (resolves with therapy) | ~$100,000 – $500,000 | Limited future care |
| Moderate (surgery, lasting limitations) | ~$500,000 – $2,000,000 | Partial permanent impairment |
| Severe (permanent paralysis, lifetime care) | $2,000,000 – many millions | Large lifetime-care and lost-earnings components |
The reason severe birth injuries produce such large recoveries is the lifetime horizon. When decades of care and a full working life of lost earnings are calculated to present value, the economic damages alone can reach the millions — before pain and suffering. This is why the future-care and lost-earning-capacity inputs carry the most weight in the calculator.
Erb's palsy is a type of brachial plexus injury — damage to the network of nerves running from the spine through the neck and into the arm and hand. It most often occurs during a difficult delivery when the baby's shoulder becomes lodged behind the mother's pelvic bone, a complication called shoulder dystocia. If excessive force or traction is applied to free the baby, the brachial plexus nerves can be stretched, compressed, or torn. The severity ranges widely:
Mild Erb's palsy may resolve with physical therapy in the first months of life, while severe cases can cause lifelong weakness, limited range of motion, or paralysis of the affected arm, sometimes requiring nerve-graft or tendon-transfer surgery and ongoing therapy.
Not every birth injury is malpractice. A claim exists only when a provider's care fell below the accepted standard and that failure caused the injury. In Erb's palsy and other birth-injury cases, common allegations include:
Expert obstetric testimony is required to establish what a reasonably careful provider would have done and to show that the breach — not an unavoidable complication — caused the injury. Some birth injuries occur despite appropriate care and are not compensable as malpractice.
Suppose a child has a moderate permanent brachial plexus injury with $800,000 in lifetime future care, $500,000 in lost earning capacity, $120,000 in past medical costs, $400,000 in pain and suffering, severity factor 1.0, in a state with no cap. Using the calculator:
If the injury were severe (severity 1.8) with permanent paralysis requiring lifetime care, both the economic and non-economic figures would rise sharply, easily pushing the estimate into the multi-millions. If the case were mild Erb's palsy (severity 0.45) expected to resolve, the estimate would drop into the low-to-mid six figures. A state non-economic cap would limit only the pain-and-suffering portion, leaving the dominant economic damages intact.
Birth injuries are uniquely valuable in personal-injury law because they affect a person at the very beginning of life. A permanently injured child may need decades of medical care, physical and occupational therapy, surgeries, assistive devices, and personal assistance, and may face reduced or eliminated earning capacity over an entire working life. When a life-care planner and an economist project these needs and calculate them to present value, the economic damages alone can reach into the millions. Add pain and suffering, and severe birth-injury cases routinely produce some of the largest recoveries in the civil-justice system. This is also why these cases are often resolved through structured settlements that guarantee funds for the child's lifetime care.
Because a birth-injury claim is a medical-malpractice claim, any state cap on non-economic damages (pain and suffering) can apply to that portion of the award. Economic damages — lifetime future care and lost earning capacity — are usually not capped. Since the economic component dominates severe birth-injury cases, a non-economic cap typically limits a smaller share of the total than it would in cases driven mostly by pain and suffering. Still, the cap matters, and it varies widely by state, with some states having no cap and others having had caps struck down. The calculator's cap field lets you model your state's rule on the non-economic portion.
Birth-injury claims involve a special timing wrinkle: the injured party is a minor. While medical-malpractice claims are generally subject to a state's statute of limitations (often two to three years), many states toll (pause) or extend the deadline for minors, sometimes until the child reaches a certain age. The specific rules vary significantly by state, and some states impose an outer statute of repose that caps how long a claim can be brought regardless of tolling. Because of these special minor rules, families should consult an attorney promptly to confirm the exact deadline that applies, rather than assuming the standard adult limitations period.
Birth injury settlements vary widely with severity. Mild Erb's palsy (brachial plexus injury) that resolves with therapy may settle in the low-to-mid six figures, while permanent brachial plexus injuries requiring surgery and lifelong limitations commonly reach the high six or seven figures. The most severe birth injuries, such as those causing permanent disability requiring lifetime care, frequently result in multimillion-dollar settlements or verdicts because the lifetime cost of care and lost earning capacity over a full life are enormous. The calculator estimates a range from your inputs.
The calculator sums the lifetime cost of future care, the child's lost earning capacity, and past medical costs, then applies a severity factor for the degree of permanent impairment and an optional state non-economic damage cap to the pain-and-suffering portion. Because birth injuries affect a person over an entire lifetime, the future-care and lost-earning-capacity figures dominate the total. The result is an estimated low-to-high range. It is educational only, not legal or medical advice.
Erb's palsy is a form of brachial plexus injury affecting the nerves that control the arm and hand, most often caused during a difficult delivery when the baby's shoulder becomes stuck behind the mother's pelvic bone (shoulder dystocia) and excessive force or traction stretches or tears the nerves. Mild cases may recover with physical therapy; severe cases can cause permanent weakness, limited range of motion, or paralysis of the arm and may require nerve-graft or tendon-transfer surgery.
A birth injury becomes a malpractice claim when a provider's care fell below the accepted standard and that failure caused the injury. Examples include mismanaging shoulder dystocia, applying excessive traction, improper use of forceps or a vacuum, failing to recognize fetal distress, or delaying a medically necessary cesarean section. Not every birth injury is malpractice; some occur despite appropriate care. Expert testimony is required to show the standard of care was breached and caused the harm.
Birth injuries affect a person at the very start of life, so the damages span an entire lifetime. A permanently injured child may need decades of medical care, therapy, assistive equipment, and personal assistance, and may have reduced or eliminated earning capacity over a full working life. When these lifetime costs are calculated to present value, they can total millions of dollars, which is why severe birth-injury cases produce some of the largest personal-injury recoveries.
Birth injury claims are medical-malpractice claims, so any state cap on non-economic damages (pain and suffering) can apply to that portion of the award. Economic damages, including lifetime future care and lost earning capacity, are usually not capped. Because the economic component dominates severe birth-injury cases, caps often limit a smaller share of the total than in other malpractice cases, but they still matter. The calculator lets you apply a non-economic cap.
Birth injury claims are subject to each state's medical-malpractice statute of limitations, but because the injured party is a minor, many states extend or toll the deadline until the child reaches a certain age. The rules vary significantly by state, and some impose an outer statute of repose. Because of these special minor-tolling rules, it is important to consult an attorney promptly to confirm the deadline that applies to your child's claim.