$3.5 Million Illinois Erb’s Palsy Settlement, What the Confidential Cook County Birth Injury Case Means
A confidential Cook County, Illinois, birth injury lawsuit has settled for $3.5 million after a child suffered permanent damage to the right arm from an alleged brachial plexus injury during birth.
The settlement was announced September 29, 2026, by Zayed Law, which represented the child and family. According to the firm’s announcement, $2.5 million was contributed by the defendant hospital and $1 million by the defendant obstetrician. The identities of the child, family, hospital and doctor were not disclosed.
Is There a Claim Form or Deadline?
No. This is not a class action and not a public settlement fund. There is no claim form for other Illinois families, no settlement administrator and no deadline under this settlement. The $3.5 million agreement resolved one confidential case.
Zayed Law said the amount ties the Illinois state record for a pretrial settlement involving this type of Erb’s palsy birth injury, citing the Jury Verdict Reporter. That record claim comes from the law firm’s announcement and could not be independently verified through a public court record.
If you are researching what a birth injury case may be worth, see our guide, Birth Injury Compensation, How Much Can You Get In 2026?
Quick Facts About the $3.5 Million Illinois Erb’s Palsy Settlement
| Detail | Information |
| Settlement amount | $3,500,000 |
| Location | Cook County, Illinois |
| Type of case | Birth injury / medical malpractice |
| Injury | Erb’s palsy involving brachial plexus damage |
| Reported contributions | $2,500,000 from the hospital; $1,000,000 from the obstetrician |
| Plaintiff | Child whose identity remains confidential |
| Defendants | Hospital and obstetrician, identities confidential |
| Attorneys | Adam J. Zayed and Julian D. Hoshell |
| Trial | Settlement reached before trial |
| Public claim form | None |
| Claim deadline | None |
| Settlement administrator | None |
| Class action | No |
| Public case number | Not verified |
What Happened in the Case?
According to the announcement, the lawsuit involved a delivery complicated by shoulder dystocia, a situation in which a baby’s shoulder becomes lodged after the head has delivered. The lawsuit alleged that the obstetrician used excessive force and excessive lateral traction while attempting to address the shoulder dystocia.
The child suffered a brachial plexus injury affecting the right arm. The reported consequences included permanent deformity, disfigurement, dysfunction and limited use of the arm.
These are allegations made in the lawsuit. Because the case settled confidentially instead of going to a public trial, the announcement does not establish that any medical negligence occurred. The defendants’ identities and specific defenses were not disclosed.
How Much Was the Settlement, and Who Paid?
The total settlement was $3,500,000:
- $2,500,000 from the defendant hospital.
- $1,000,000 from the defendant obstetrician.
The announcement does not disclose how the money will be structured or distributed, or any attorney fees, litigation expenses, liens or other deductions. Readers should not assume the entire $3.5 million is what the family receives after all case-related deductions.
Why Is the Settlement Confidential?
The announcement says the identities of the child, family, hospital and obstetrician will not be disclosed, so the public cannot identify the injured child or the providers. It gives the amount and general allegations, but not the full complaint, medical records, expert reports, the settlement agreement or any judicial finding of malpractice. The settlement should not be treated as a court determination that the obstetrician or hospital was negligent.
What Is Erb’s Palsy?
Erb’s palsy is a type of brachial plexus birth injury involving damage to the network of nerves that controls the shoulder, arm and hand. The effects vary. Some children recover substantial function, while others have lasting weakness, restricted movement, muscle problems or permanent disability.
Erb’s palsy alone does not establish medical malpractice. A birth injury can have different causes, and a malpractice claim generally requires evidence that a provider’s conduct fell below the applicable standard of care and caused the injury.
How Does Shoulder Dystocia Relate to Erb’s Palsy Claims?
Shoulder dystocia occurs when a baby’s shoulder becomes stuck during delivery after the head has emerged. Managing it can involve specific obstetric maneuvers. In this case, the plaintiff alleged that the obstetrician used excessive force and lateral traction to resolve the complication.
That allegation can matter in a brachial plexus claim, but the legal question in any individual case is whether the provider actually breached the medical standard of care and whether that breach caused the child’s injury. The confidential settlement means those disputed questions were resolved without a public verdict.
Does the Settlement Mean Other Families Can File Claims?
No. The $3.5 million agreement concerns only the individual child represented in that lawsuit and does not create a program for other children with Erb’s palsy. Families with separate birth injury claims need to evaluate their own facts, medical records, potential defendants and applicable Illinois deadlines.
Do not submit personal information to any website claiming to administer this settlement unless an official court or settlement source establishes such a program.
What Is the Deadline for an Illinois Birth Injury Claim?
There is no deadline to claim under this settlement because there is no public claims process. That does not mean Illinois birth injury claims can be filed at any time.
Under Illinois law (735 ILCS 5/13-212), medical malpractice claims against physicians and hospitals generally must be brought within two years after the claimant knew or reasonably should have known of the injury, subject to a four-year outside limit, with special rules for people who were minors when the claim arose. For minors, the statute provides an eight-year period from the alleged act or omission, but in no event after the person’s 22nd birthday. Other provisions may affect a particular case, so a family should not calculate its deadline from a general article.
What Should Illinois Families Do If a Child Has Erb’s Palsy?
A family considering a possible claim can preserve records that may later matter, including:
- Prenatal medical records.
- Hospital and delivery records.
- Fetal monitoring records.
- Delivery-room records.
- Newborn medical records.
- Records documenting the brachial plexus injury.
- Imaging and specialist reports.
- Physical and occupational therapy records.
- Records of surgeries or other treatment.
- Documentation of current and expected future care needs.
Families should also note the hospital where the birth occurred, the physicians and nurses involved and the circumstances of any shoulder dystocia. Medical records can be especially important in determining whether an injury occurred during delivery and what caused it.
What Compensation Can an Erb’s Palsy Case Involve?
Depending on the facts, damages in a separate Illinois birth injury case may include medical treatment, rehabilitation, therapy, assistive equipment, future care, pain and suffering and other losses recognized under Illinois law.
A $3.5 million settlement in one case does not mean every Erb’s palsy case has the same value. The severity of the nerve injury, permanent loss of function, treatment needs, future medical needs and evidence of negligence can all affect the outcome. In this case, the attorneys reported permanent right-arm damage.
Settlements Involving Children: General Information
In general, settlements involving minors in Illinois are subject to court oversight, which can include court review of the terms, attorney fees and how the funds are held for the child. Whether and how that applies here has not been disclosed.
Taxes. Damages received on account of personal physical injuries or physical sickness are generally excludable from income under federal tax law, but tax treatment depends on how a settlement is structured. Consult a tax professional.
Attorney fees. Fee terms in this case have not been made public.
Does the Settlement Establish Malpractice?
No. A settlement is an agreement to resolve a dispute, not a jury verdict finding malpractice. The announcement says the lawsuit alleged excessive force and traction and does not report a judicial finding that those allegations were proven. Because the case settled before trial, there is no public verdict establishing liability against the hospital or obstetrician.
Does It Establish a State Record?
Zayed Law says the settlement ties the Illinois state record for a pretrial settlement involving this type of case, citing the Jury Verdict Reporter. Treat that as a reported record, not an independently verified court finding. Confidential settlements can be hard to compare comprehensively with other cases.
Key Dates
| Date | Event |
| Not publicly disclosed | Birth injury occurred |
| Not publicly disclosed | Lawsuit filed in Cook County |
| Not publicly disclosed | Settlement reached |
| September 29, 2026 | Zayed Law publicly announced the $3.5 million settlement |
| September 30, 2026 | No public claim process or deadline exists |
The announcement does not identify the filing date, settlement date, court case number or defendants’ names because the matter is confidential.
Frequently Asked Questions
Is the settlement a class action?
No. It resolved an individual birth injury lawsuit involving one child and family.
Can other Illinois families claim part of the $3.5 million?
No. There is no public claims process. The $3.5 million resolved the confidential Cook County case announced by Zayed Law.
What was the settlement based on?
The lawsuit alleged an obstetrician used excessive force and lateral traction while managing shoulder dystocia, causing a brachial plexus injury and permanent right-arm impairment. Those allegations were resolved by settlement, not a public verdict.
How much did the hospital pay?
The announcement says the defendant hospital contributed $2.5 million.
How much did the obstetrician pay?
The announcement says the defendant obstetrician contributed $1 million.
Is there a claim deadline?
No, because this was not a public class settlement. Separate Illinois birth injury claims can have strict deadlines, with special rules for minors.
Are the defendants identified?
No. Zayed Law said the identities of the child, family, hospital and obstetrician would remain confidential.
How much will the child actually receive?
The announcement does not disclose the net amount after attorney fees, expenses, liens or any settlement structure.
Can a child with Erb’s palsy have a separate legal claim?
Potentially. It depends on the child’s medical history, the circumstances of the delivery, evidence of causation and negligence, the potentially responsible parties and Illinois law.
Related AllAboutLawyer Coverage
Birth Injury Compensation, How Much Can You Get In 2026? explains how severity and other factors can affect birth injury damages.
Sources
- Zayed Law / PR Newswire, “$3.5 Million Erb’s Palsy Settlement Secured by Zayed Law Ties Illinois State Record,” September 29, 2026: https://www.prnewswire.com/news-releases/3-5-million-erbs-palsy-settlement-secured-by-zayed-law-ties-illinois-state-record-302892272.html
- Zayed Law Offices, case results: https://zayedlawoffices.com/about-us/case-results/
- Illinois General Assembly, 735 ILCS 5/13-212 (medical malpractice limitations and repose): https://ilga.gov/documents/legislation/ilcs/documents/073500050K13-212.htm
- Illinois General Assembly, 735 ILCS 5/13-211 (minors and legal disabilities): https://www.ilga.gov/legislation/ilcs/fulltext?DocName=073500050K13-211
About the Author
Israr Ahmad is a legal content researcher covering U.S. lawsuits, settlements, court records and civil litigation, explaining legal developments in plain language using documented court records, government sources and official case materials.
Disclaimer: This article is for informational purposes only and is not legal advice. Laws, filing deadlines and available remedies vary by state and by individual case.
About the Author
Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.