Another Erb’s Palsy Legal Case Resolved

This post was written by Andrea Girones:

June 7th 2016
Girones Lawyers recently resolved another Erb’s palsy medical malpractice lawsuit. Client identifying details are, of course, confidential.

Our client, Monica (name changed for confidentiality) suffered a significant brachial palsy injury at birth. Her right arm was small, shrivelled up, and barely usable. Growing up, she could not tie her shoes, wash her back, nor do her hair by herself. She relied on the love and support of her parents to get her through all the difficult years as a youth when she was teased and bullied. She has now successfully finished a college program because she wanted to work with children, especially those with a disability.

As a young women of almost 18, Monica found our law firm online and wondered if we could review her case.

We had to track down medical records from almost 20 years ago. Happily, we were able to locate her mom’s labour and delivery records as well as Monica’s own medical file from the Hospital for Sick Children. What we found in the records was astounding.
Monica had sustained injuries to the entire brachial plexus on her right side. Every nerve from C5 through to T1 was damaged. She also found out she had sustained a brachial plexus injury to her left shoulder as well. Thankfully, the left shoulder had resolved quickly.
The resolution obtained for Monica included a lump sum award as well an annuity. The annuity will provide her a tax free, monthly amount for the rest her life. Sadly, her mother didn’t lived to see the resolution of the case, but we know she would be very proud of her daughter for fighting for her right to compensation.

Girones Lawyers will investigate all such cases for free, anywhere in Canada.

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Comments (5)

  • Elly

    I have a son that is now 22 years old. While he is chronolically 22 he functions at a level of a toddler given his severe autism

    He also suffered a horrific brachial plexus injury at birth. I had a lawyer re Jew when he was about 2 years old,

    I was told that there was nothing I could do as the doctor was faced with a decision to either save his brain or his arm

    Years later I tried again and was told that the files from sick kids likely no longer existed so basically sorr6 about your luck

    Given that he is incapacitated by his autism are there any loopholes so to speak by which any action could still be brought forward and not restricted by any statute of limitations

    Truthfully as the years have gone on I really wonder if he is in fact autistic or brain damaged from the trauma of the birth as he was born blue

    Let me know

    • Andrea Girones

      Hi Tony, sadly after 22 year the time to sue has likely passed.


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