The most important defense to erb’s palsy lawsuits is the “maternal forces of labor” defense, also known as the “natural forces of labor” defense.
This defense takes the position that the erb’s palsy and brachial plexus injuries are caused by the mother’s contractions, and/pr maternal pushing.
Most of their alleged support for this defense, is in the context of shoulder dystocia.
One attorney in the United States, Joseph Lichtenstein, Esq. in New York, has been by far the most successful in defeating this defense.Learn More