Free Consultation

Malpractice

Erb's Palsy Lawsuit: Seeking Compensation for Birth Injuries

Click for Free Case Evaluation

Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


When it comes to birth injuries, Erb’s palsy is a significant concern for families. This condition can result in lifelong challenges, often due to preventable medical errors during childbirth. If your child has been diagnosed with Erb’s palsy, you may be wondering about your legal options. Can you seek compensation? Who might be at fault? What are the possible outcomes of pursuing an Erb’s palsy lawsuit? In this comprehensive guide, we address these questions and provide insights into navigating the legal landscape surrounding Erb’s palsy claims.

Erb's Palsy Lawsuit

Erb's Palsy: Understanding the Condition

Erb’s palsy, also referred to as Erb-Duchenne palsy or brachial plexus birth palsy, impacts an infant’s arm movement and sensation. This condition arises when the brachial plexus, a network of nerves near the neck, sustains damage during childbirth. Responsible for controlling the muscles in the shoulder, arm, and hand, these nerves can lead to weakness, paralysis, or restricted motion in the affected arm when injured.

The prevalence of Erb’s palsy in the United States varies. It is estimated to range from 0.9 to 2.6 cases per 1,000 live births. Constituting 45% to 50% of all cases, Erb’s palsy stands as the most common type of brachial plexus palsy. This condition typically correlates with nerve damage in the C5 to C6 sections of the spine.

Types of Erb's Palsy

Erb’s palsy is categorized based on the extent of nerve damage to the brachial plexus, which controls movement and sensation in the shoulder, arm, and hand. Here are the main types:

  • Lower brachial plexus injury: Affects nerves C7, C8, and sometimes T1. Symptoms include weakness or paralysis in the forearm and hand, with limited finger movement. 
  • Total brachial plexus injury: Severe damage to the entire brachial plexus, resulting in complete paralysis and loss of sensation in the arm, from shoulder to fingers. 
  • Upper brachial plexus injury: Involves nerves C5 and C6, often from excessive stretching during childbirth. Symptoms include weakness or paralysis in the shoulder and upper arm, with limited elbow and wrist movement. 
  • Waiter’s tip position: Characterized by a limp arm hanging at the side with the shoulder internally rotated and the forearm turned inward. This stance reflects weakness or paralysis in the affected nerve-controlled muscles, typically seen in upper brachial plexus injuries.

Understanding these classifications helps determine the severity and location of nerve damage in Erb’s palsy cases, guiding treatment decisions. Consulting healthcare professionals is essential for proper evaluation and management.

Risk Factors for Erb's Palsy During Birth

Several factors increase the risk of Erb’s palsy. Identifying these risk factors helps healthcare providers take the necessary precautions during delivery. Here are some common risk factors:

  • Advanced maternal age: Women aged 35 or older may have larger babies or labor complications, increasing the risk of brachial plexus injuries in infants. 
  • Assisted delivery: Using forceps or vacuum extraction during delivery raises the risk of Erb’s palsy if excessive force is applied or if tools are misused. 
  • Birth trauma: Rapid or forceful delivery, umbilical cord issues, or fetal distress can suddenly stretch or compress brachial plexus nerves, causing injury. 
  • Fetal positioning: Babies in breech position or with arms raised are at higher risk of shoulder dystocia and brachial plexus injuries during delivery. 
  • Maternal factors: Maternal obesity, poorly controlled diabetes, or a history of shoulder dystocia in previous deliveries contribute to macrosomia, increasing the likelihood of brachial plexus injuries. 
  • Multiparity: Women with multiple pregnancies have a higher risk of larger babies or shoulder dystocia, increasing brachial plexus injury risk. 
  • Prolonged labor: Difficult labor increases pressure and stretching on the baby’s head and neck, increasing the risk of Erb’s palsy. 
  • Shoulder dystocia: When a baby’s shoulder gets stuck behind the mother’s pubic bone during delivery, it can lead to brachial plexus injuries due to pressure and stretching.

While these factors raise Erb’s palsy risk, not all exposed infants develop the condition. Recognition and appropriate management during labor and delivery help reduce Erb’s palsy and other birth injuries.

Signs and Symptoms of Erb's Palsy

Recognizing signs and symptoms of Erb’s palsy is vital for early detection and intervention. While these can vary based on nerve damage, here are common indicators:

  • Abnormal posture: Infants may keep the affected arm close to the body with a bent elbow and inward forearm rotation. 
  • Asymmetric movement: Movement in the affected arm may differ from the unaffected side, causing an uneven appearance during activities. 
  • Decreased sensation: Some infants may show reduced sensitivity to touch, temperature, or pain in the affected arm. 
  • Lack of Moro reflex: The normal startle response, the Moro reflex, may be diminished or absent on the affected side. 
  • Limited range of motion: The affected arm may have restricted movement at the shoulder, elbow, or wrist joints, hindering reaching or grasping. 
  • Muscle atrophy: Severe cases may lead to muscle wasting in the affected arm due to disuse and a lack of nerve stimulation. 
  • Weakness or paralysis: Infants with Erb’s palsy often experience weakness or paralysis in the affected arm, making movement and control difficult.

Common symptoms include:

  • Arm bent at the elbow and held against the body. 
  • Difficulty gripping or holding objects. 
  • Difficulty raising the affected arm. 
  • Loss of feeling or sensation in the affected arm or hand. 
  • Loss of muscle tone in the affected arm or hand. 
  • Weakness or paralysis in the affected arm or hand.

If your child exhibits these symptoms, seek medical advice promptly for proper evaluation and management.

Diagnosis and Treatment of Erb's Palsy

The severity of Erb’s palsy varies based on the extent of the nerve damage. In most cases, diagnosis occurs shortly after birth, allowing for early treatment and better recovery prospects. Below is an outline of the condition’s diagnosis and treatment:

Diagnosis

Identifying Erb’s palsy usually requires a comprehensive physical examination by a healthcare professional, such as a pediatrician, orthopedic surgeon, or neurologist. The diagnostic process may involve:

  • Physical examination: A healthcare professional examines the infant’s arms and shoulders for weakness, limited mobility, and muscle atrophy. 
  • Medical history: Inquiring about the birth process, complications, and risk factors helps in diagnosis. 
  • Neurological assessment: Evaluating brachial plexus nerve function to identify weakness, paralysis, or sensory deficits. 
  • Electromyography: Measures muscle electrical activity to assess nerve damage extent. 
  • Imaging studies: X-rays, ultrasound, or MRI scans visualize shoulder, arm, and brachial plexus structures for abnormalities or injuries.

Treatment

Once Erb’s palsy is diagnosed, treatment varies based on severity and individual needs. Options include:

  • Assistive devices: Splinting or bracing supports the affected arm, prevents muscle tightness, and aids in functional use during healing. 
  • Multidisciplinary care: A team of healthcare professionals provides comprehensive support, including pediatricians, orthopedic surgeons, neurologists, physical therapists, and occupational therapists. 
  • Occupational therapy: It helps infants develop daily living skills with customized interventions and adaptive equipment. 
  • Physical therapy: Focuses on improving muscle strength, range of motion, and coordination through therapeutic exercises and activities. 
  • Surgical intervention: Considered for severe cases with extensive nerve damage or impaired function. Procedures like nerve grafting or transfers aim to repair nerves, restore function, or improve muscle balance in the affected arm.

Early diagnosis and treatment enhance the likelihood of a full recovery.

Is Erb's Palsy a Disability?

Yes, Erb’s palsy can be classified as a disability, especially if it significantly hampers an individual’s ability to use their affected arm and carry out daily tasks. The severity of Erb’s palsy varies, but some individuals may experience long-term challenges related to muscle weakness, limited range of motion, and coordination issues in the affected arm. Consequently, people with Erb’s palsy may encounter difficulties in various aspects of life, including:

  • Activities of daily living: Tasks like dressing, grooming, feeding, and bathing may pose challenges, particularly if the affected arm is severely impaired. 
  • Education: Erb’s palsy can impact a child’s participation in school activities requiring fine motor skills, handwriting, or physical education. Support services and accommodation may be necessary. 
  • Employment: Depending on the condition’s severity and functional impact, individuals with Erb’s palsy may face limitations in certain job roles requiring manual dexterity or the use of both arms. Workplace accommodation and assistive devices may be needed. 
  • Social participation: Participation in social and recreational activities involving sports, hobbies, or physical endeavors may be affected. Adaptations and modifications can aid inclusion and participation in social events.

Is Erb's Palsy Always Medical Malpractice?

While Erb’s palsy can stem from medical negligence, such as improper use of delivery instruments, it can also occur without malpractice. Contributing factors may include:

  • Fetal positioning: The baby’s position during labor can influence Erb’s palsy risk. Breech position or raised arms increase the chance of shoulder dystocia and nerve injuries. 
  • Maternal factors: Conditions like gestational diabetes, obesity, or a history of shoulder dystocia heighten Erb’s palsy risk in infants due to macrosomia. 
  • Shoulder dystocia: This complication, where the baby’s shoulder gets stuck, raises the likelihood of Erb’s palsy. It can happen even with proper medical care and management.

Instances of Medical Malpractice Leading to Erb's Palsy

Erb’s palsy can sometimes be linked to medical negligence during childbirth. Here are some instances where malpractice may contribute to the condition:

  • Delayed cesarean section despite clear indications of risk. 
  • Excessive force was exerted during delivery procedures. 
  • Failure to identify signs of fetal distress promptly. 
  • Improper techniques were employed during the delivery process.

Can You Sue For Erb's Palsy?

Yes. Families dealing with Erb’s palsy have various legal avenues to address their child’s injuries and expenses. Here are some options they may consider:

  • Birth injury lawsuits: These target childbirth-related injuries caused by healthcare errors, seeking compensation for medical expenses and emotional distress. 
  • Class action lawsuits: Families can join collective legal actions with others in similar situations, potentially sharing costs and simplifying the process. 
  • Insurance claims: Compensation can be sought through birth injury insurance policies like medical malpractice or homeowners’ insurance, requiring timely action due to state deadlines. 
  • Medical malpractice lawsuits: Legal action against healthcare providers for negligence during childbirth, such as mishandling tools or ignoring complications, seeks to prove breach of care leading to harm. 
  • Product liability claims: Claims against manufacturers of defective childbirth equipment like forceps aim to hold them responsible for resulting damages.

Consulting an Erb’s palsy lawyer is crucial for guidance on legal options and fair compensation. Acting promptly is essential to meeting state deadlines.

Who is to Blame for Erb's Palsy Birth Injuries?

Determining responsibility for Erb’s palsy birth injuries hinges on the circumstances of childbirth and the factors contributing to the condition. While each case varies, several parties may bear responsibility:

  • Healthcare providers: Obstetricians, midwives, and nurses must uphold a standard of care during childbirth. Deviation from this standard due to negligence or errors may make them liable for birth injuries, including Erb’s palsy. 
  • Hospitals or medical facilities: Facilities may be accountable if they fail to maintain protocols, staffing, equipment, or safety standards during childbirth. They can be held vicariously liable for employee negligence. 
  • Manufacturers of medical devices: Defective equipment like forceps or vacuum extractors can cause Erb’s palsy. Manufacturers may face liability for designing, manufacturing, or distributing faulty devices. 
  • Other parties: Third-party contractors or service providers contributing to hospital negligence may share liability. Issues like informed consent or patient education could also imply additional parties.

Identifying liability often requires a thorough investigation by legal and medical experts. Consulting an Erb’s palsy attorney is vital for evaluating the case, identifying responsible parties, and seeking appropriate legal recourse for the child’s injuries.

Why Pursue an Erb's Palsy Lawsuit?

Filing an Erb’s palsy lawsuit offers several crucial advantages for affected families. Here’s why pursuing legal action may be beneficial:

  • Access to resources: Legal proceedings provide access to support services, advocacy groups, and valuable information tailored to birth injuries and developmental disabilities, aiding families throughout the process and beyond. 
  • Accountability: Legal action holds responsible parties liable for any negligence or errors contributing to Erb’s palsy, offering a sense of justice to affected families. 
  • Financial compensation: Lawsuits can secure compensation to cover medical expenses, ongoing therapy, assistive devices, and related costs, easing the financial strain and ensuring the child receives necessary care. 
  • Peace of mind: Pursuing legal recourse brings closure and peace of mind, empowering families to seek justice and secure the best possible future for their children. 
  • Preventing future injuries: Legal action sheds light on factors contributing to Erb’s palsy, prompting changes in healthcare practices and protocols to prevent similar injuries, thus enhancing patient safety.

Consulting Erb’s palsy lawyer is essential to assess your case, weigh the benefits and risks, and navigate the legal process effectively.

Initiating an Erb's Palsy Lawsuit

Filing an Erb’s palsy lawsuit involves these steps:

  • Consultation: Meet with Erb’s palsy attorney to discuss your case and explore legal options. 
  • Evidence collection: Gather medical records and relevant documents related to childbirth and Erb’s palsy diagnosis. 
  • Filing a complaint: Your Erb’s palsy lawyer will help file a formal complaint outlining your case details and allegations. 
  • Investigation: The legal team will investigate childbirth circumstances and gather evidence. 
  • Negotiation or trial: Your lawyer will negotiate a settlement or proceed to trial if necessary. 
  • Resolution: The Erb’s palsy lawsuit concludes with a settlement or court judgment providing compensation for damages.

Timing for Filing an Erb's Palsy Lawsuit

When considering filing an Erb’s palsy lawsuit, timing is crucial:

  • Child’s age: Laws regarding minors’ lawsuits vary, often allowing more time for filing. Special rules may extend deadlines until the child reaches a certain age or time after turning 18. 
  • Evidence collection: File the lawsuit when evidence like medical records and witness statements are accessible and fresh, strengthening your case. 
  • Legal consultation: Seek guidance from an Erb’s palsy lawyer to determine the ideal timing based on your case’s specifics and state laws. 
  • Prompt action: Act swiftly upon discovering the Erb’s Palsy diagnosis to gather evidence and meet any deadlines. 
  • Statute of limitations: Each state has a time limit, known as the statute of limitations, for filing lawsuits after an injury. Missing this deadline can forfeit your right to legal action.

Ultimately, consulting with a knowledgeable Erb’s palsy attorney promptly ensures proper timing for filing an Erb’s Palsy lawsuit and protects your legal rights.

Erb's Palsy Lawsuit Statute of Limitations

The time limit to file a case for Erb’s palsy varies by state and case details. Acting promptly and seeking legal advice early is vital to meet these limits and protect your right to seek legal action for birth injuries linked to Erb’s palsy.

Who Qualifies to File an Erb's Palsy Lawsuit?

Families affected by Erb’s palsy may qualify to file a lawsuit if certain conditions are met. Here’s a simplified guide:

  • Child with Erb’s palsy: Typically, the child diagnosed with Erb’s palsy, or their legal guardian qualifies to file a lawsuit if the injury occurred during childbirth due to preventable factors. 
  • Evidence of negligence: There must be evidence suggesting that Erb’s palsy resulted from medical malpractice, such as improper delivery techniques or delayed medical interventions. 
  • Financial resources: Pursuing an Erb’s palsy lawsuit may require financial resources, but many attorneys offer free consultations and work on a contingency fee basis. 
  • Legal representation: Families often work with experienced attorneys specializing in birth injury cases to assess the case’s merits and advocate on their behalf. 
  • Statute of limitations: Lawsuits must be filed within the statute of limitations period set by the state’s laws, so prompt action is crucial.

Consult with Erb’s palsy lawyer to help determine eligibility and explore legal options for pursuing compensation.

What Is Erb's Palsy Lawsuit Settlement?

An Erb’s Palsy lawsuit settlement is an agreement between parties involved in a legal dispute over Erb’s palsy birth injuries, often reached before or during a trial. Here’s a simplified overview:

  • Approval: Settlements require court approval to ensure fairness and legal compliance. Once approved, they become legally binding, and the lawsuit is typically closed. 
  • Avoidance of trial: Settling out of court helps parties avoid the time, expense, and uncertainty of a trial, leading to a quicker resolution. 
  • Compensation: Defendants agree to pay the plaintiff a sum of money to settle the claim, covering expenses like medical costs, future care needs, and pain and suffering. 
  • Fairness: Settlement amounts aim to fairly compensate for the child’s injuries and future needs. Attorneys work to negotiate just settlements reflecting the harm caused by Erb’s palsy birth injury. 
  • Legal terms: Settlement agreements may include confidentiality clauses, release of liability, or terms about future medical care for the child. 
  • Negotiated agreement: Erb’s palsy lawsuit settlements are negotiated between the plaintiff (the child’s family) and the defendant(s), which could be healthcare providers, hospitals, or medical device manufacturers.

Settlements vary based on factors like injury severity and defendant liability. Consulting with an Erb’s palsy attorney is vital for negotiating a fair settlement and protecting the child’s rights.

How to Get an Erb's Palsy Lawsuit Settlement

Erb’s palsy lawsuits often end with settlement negotiations outside court. Getting a fair settlement involves having experienced attorneys who understand birth injury cases well. They work diligently to represent your child’s needs and ensure fair compensation.

Compensation in Erb's Palsy Lawsuit

Compensation in an Erb’s palsy lawsuit covers various damages resulting from the birth injury. Here’s a simplified breakdown:

  • Caregiver costs: Families receive compensation for expenses related to caring for the child, including hiring caregivers, home assistance, equipment, and home modifications. 
  • Lost earning capacity: Compensation accounts for the child’s future earning potential if Erb’s palsy affects their ability to work. 
  • Medical expenses: Past and future medical bills, including hospital stays, surgeries, therapies, and medications, are covered. 
  • Non-economic damages: These compensate for intangible losses like emotional distress, loss of enjoyment, and strained family relationships. 
  • Pain and suffering: Compensation addresses the physical pain, emotional distress, and diminished quality of life caused by Erb’s palsy. 
  • Punitive damages: Rarely awarded, these punish extreme negligence or misconduct.

The amount varies based on factors like injury severity, negligence, and jurisdiction laws. Consulting an experienced attorney helps assess the case’s value and pursue fair compensation.

Get Support from an Ethen Ostroff Law's Erb's Palsy Lawyer

At Ethen Ostroff Law, we empathize with the difficulties families encounter with Erb’s palsy. Our experienced team of lawyers is dedicated to offering compassionate assistance and expert legal representation to help you seek the justice and compensation your family deserves. Reach out to us now to arrange a free consultation and discover how we can support you with your Erb’s palsy lawsuit.

Click for Free Case Evaluation

Success

We received your information. We’ll be in touch soon.

Ok
While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

Ethen Ostroff Law, PLLC Terms and Conditions

Effective Date: July 10, 2024

General Information

Welcome to the website of Ethen Ostroff Law, PLLC (“EO”). By accessing or using our website, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our website.

Use

EO hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.

EO may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.

Messaging and Automated Calls

When you opt-in, you will receive text messages (SMS/MMS) on your mobile number. These messages may contain information about your case, and the message frequency may vary from user to user. Please note that message and data rates may apply. If you wish to opt out of this service, you can do so anytime by simply texting “STOP” to the phone number. Once you text “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. If you encounter any issues, you can reply with the keyword “HELP” to get assistance. Please be aware that carriers are not responsible for any delayed or undelivered messages.

By providing your phone number and submitting a form on our website, you consent to receive communications, including automated calls, texts, and pre-recorded messages, from EO and its affiliates. These communications may include updates about your case, promotional offers, and other information. You understand that these calls may be generated using automated technology, and that standard message and data rates may apply.

Your consent to receive automated calls is not a condition of any purchase or service. By checking the consent box on our contact form or by calling our firm, you agree to these Terms and Conditions and provide your written consent to receive these communications. You may opt out of these communications at any time by replying STOP to any text message or by contacting us at [insert contact information].

State-Specific Compliance

EO complies with all federal and state laws regarding automated calls and telemarketing practices. Certain states have additional restrictions on the use of automated dialing systems and pre-recorded messages. The following states have more restrictive regulations:

  • California: Requires prior express written consent for automated calls.
  • Florida: Requires prior express written consent for automated calls and texts.
  • New York: Requires prior express written consent for automated calls.
  • Texas: Requires prior express written consent for automated calls.

If you are a resident of one of these states, EO will obtain your prior express written consent before making any automated calls or sending pre-recorded messages to you.

By submitting a form inquiry or calling our firm, you agree to us contacting you, and your checking the box when submitting your form inquiry serves as written consent.

Information and Legal Disclaimer

The information contained in this website is for informational purposes only, and should not be construed as legal advice. Testimonials and case results contained in this website are for demonstrative purposes only, and do not constitute a guarantee of any particular outcome in a specific case.

By requesting a free consultation with Ethen Ostroff Law, PLLC, you agree to the following:

  • Any information I submit is for review only, and there will be no charge for the initial consultation.
  • I have not entered into an attorney-client relationship with Ethen Ostroff Law, PLLC until such time as a formal written Retainer Agreement is signed by myself and a representative of Ethen Ostroff Law, PLLC. There is no guarantee that Ethen Ostroff Law, PLLC will accept my case.
  • Any information received by Ethen Ostroff Law, PLLC, prior to the execution of a written Retainer Agreement, is not subject to the Attorney-Client Privilege and is not considered confidential.
  • Additional information may be requested in order for Ethen Ostroff Law, PLLC to make a decision on whether or not to accept my case.
  • Because no attorney-client relationship has been established, I will remain personally responsible to meet all necessary deadlines applicable to my claim, until such time as Ethen Ostroff Law, PLLC makes a final decision. I acknowledge that I have not received any representations or legal opinions with respect to any time frames or deadlines that may be applicable to my claim.

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found on the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. EO EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with EO by Internet e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.

THE SITE IS PROVIDED “AS IS”. EO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EO DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Accounts

To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all Submissions made from your account. You agree to notify us immediately of any unauthorized use of your login. EO may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.

Confidentiality is Not Guaranteed

Information sent to Ethen Ostroff Law, PLLC. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. EO may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

DISCLAIMER – This Site Does Not Provide Medical Diagnosis or Advice

The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in any way, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by EO.

Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on the subject and may or may not be updated based on the last information concerning such recalls. Do not make any decisions regarding medication or medical providers based on information from the Site, including but not limited to information we provide about drug recalls.

EO Is Not Responsible for Content; Limitation on Liability

EO may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. EO DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. EO assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall EO or any other party involved in the creation, production, or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL EO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third-party websites for the convenience of our users. EO does not endorse any of these third-party sites and does not imply any association between EO and those sites. EO does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such websites, you do so at your own risk. EO is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

EO Clients

Only individuals who have entered into a mutually signed retainer agreement with EO are EO clients (“EO Clients”).

Legal and Ethical Requirements

EO has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements.

Ethen Ostroff Law reserves the right to refer or sell leads that come through any of Ethen Ostroff Law’s marketing.

Ethen Ostroff Law also may sell leads on certain campaigns generated in association with third party marketing companies.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant EO an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to EO and grant the licenses as described above; (b) EO will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

EO takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.