When the obstetrical caregiver isn’t careful with a difficult birth, the child may end up with a disability known as a brachial plexus injury. Our law firm has built a reputation as formidable advocates for infants who suffered permanent physical impairment because of birthing errors.
Based in Cleveland, The Becker Law Firm has prevailed in birth injury cases across Ohio. Our trial lawyers are increasingly sought after as co-counsel or advisors in birth trauma litigation in Illinois, New York, New Jersey, and Pennsylvania. Call 216-480-4620 now to find out how our firm can assist you.
If your newborn was born with limited use of the hand, arm or shoulder, or if your baby is losing function in his or her limbs, call our Ohio brachial plexus injury lawyers at 216-480-4620 for your free initial consultation.
Erb’s Palsy and Shoulder Dystocia
In the last stage of childbirth when the head has emerged, some babies—particularly large babies—get stuck. Their shoulders get caught on the pubic bone or wedged in the birth canal. This is referred to as shoulder dystocia. A delicate cluster of nerves in the shoulder controls motor function and sensation in the limbs. This is referred to as the brachial plexus.
A brachial plexus tear or trauma comes about from excess traction and will result in:
- Erb’s palsy: Reduced function or total immobility of the hand, arm or shoulder
- Klumpke’s palsy: Partial or total paralysis of the hand and forearm
- Horner’s syndrome: Damage to facial nerves, resulting in tiny pupils and droopy eyelids
Some children fully recover or gain limited function through extensive physical therapy or surgery. However, for many brachial plexus injury victims suffering from Erb's palsy or Klumpke's palsy, the nerve damage is permanent, and they go through life without any use of that limb.
Symptoms of Brachial Plexus Injuries
After the birth of a child, especially following a difficult delivery, it's important for parents and caregivers to closely monitor the newborn for signs that may indicate a brachial plexus injury.
New parents should be aware of the following symptoms that may indicate a brachial plexus injury in their newborn:
- Limited or absent movement in one arm or hand
- Arm held tightly to the side or bent at the elbow
- Weak or no grip in the affected hand
- Limp or floppy arm that cannot be raised or moved normally
- Lack of normal reflexes, such as an absent startle (Moro) reflex on one side
- Numbness or loss of sensation in the arm or hand (difficult to detect but possible signs)
- The arm may appear limp, hanging loosely or positioned oddly compared to the other side
Difficult births can already place new parents under great emotional and physical strain, making it challenging to identify medical concerns amid the excitement and exhaustion. However, noticing and addressing symptoms of a brachial plexus injury as early as possible is essential. If any of these symptoms are observed, it is important to seek medical advice immediately to give the child the best chance for healing and improved function.
Types of Brachial Plexus Injuries
During a difficult labor and delivery, different types of brachial plexus injuries can occur depending on the extent and location of nerve damage. Your obstetrician and pediatrician are needed in helping you understand any potential injuries your baby may have sustained during birth. They can provide early assessments and guide you through the diagnostic process to determine the severity of the injury and appropriate treatment options. The main types of brachial plexus injuries include:
- Neurapraxia: A mild injury where the nerve is stretched but not torn, often leading to temporary weakness
- Rupture: Partial or complete tearing of the nerve, which may require surgical repair
- Avulsion: The most severe injury, where the nerve is torn from the spinal cord, often causing permanent damage
- Erb’s palsy: Injury to the upper nerves causing weakness or paralysis in the shoulder and arm
- Klumpke’s palsy: Injury to the lower nerves causing paralysis or weakness in the hand and forearm
- Total plexus involvement: A severe injury affecting all nerves in the brachial plexus, resulting in complete loss of arm function
Understanding the specific type of brachial plexus injury your baby has is essential to ensure they receive the right medical care and therapy. With a knowledgeable legal team representing your family’s best interests, you can pursue compensation not only for the pain and suffering caused by these injuries but also to secure the financial support necessary for your child's future medical needs and ongoing care.
The Importance of Early Diagnosis and Treatment for Brachial Plexus Injuries
Early diagnosis and treatment of brachial plexus injuries is important not only for improving a child’s long-term function and quality of life but also for strengthening a birth injury claim. Detecting the injury n in the hours or days after birth allows healthcare providers to assess the severity accurately using physical exams and specialized tests such as electromyography (EMG) and MRI. This assessment guides timely interventions including physical therapy, occupational therapy, and, when necessary, surgery within the first few months of life.
From a legal perspective, early medical documentation demonstrating prompt diagnosis and appropriate treatment can be crucial in establishing negligence or malpractice. Delayed diagnosis or treatment can lead to irreversible nerve damage and permanent disability, limiting the child’s recovery options and significantly increasing future care needs. This delay not only harms the child’s physical well-being but also strengthens the case for higher damages based on the worsened prognosis and increased financial burden.
When medical professionals fail to diagnose or treat a brachial plexus injury in a timely manner, families face unnecessary hardships. The Becker Law Firm helps to ensure that these failures are exposed and that affected families receive compensation sufficient to cover ongoing therapies, surgeries, assistive devices, and lifelong support.
Causes of Brachial Plexus Birth Injuries
A trained and experienced obstetrician or midwife should (a) know various techniques to free the shoulders and deliver the infant without harm, or (b) recognize when a C-section must be performed before the head is even delivered. A less experienced practitioner may panic and resort to undue force or non-standard procedures when encountering shoulder dystocia.
Common causes of brachial plexus injuries linked to medical negligence include:
- Excessive force or improper delivery technique
- Improper use of forceps or vacuum extractors
- Failure to determine that the fetus is too large for a vaginal birth
- Failure to perform a C-section when medically necessary
- Lack of training in shoulder dystocia strategies (e.g., the McRoberts maneuver)
Legal Aspects of Brachial Plexus Injuries
If you are seeking an Erb's palsy lawyer in Cleveland, consider this: The Becker Law Firm handles more shoulder dystocia cases than any other law firm in Ohio.
Our birth injury attorneys are dedicated to helping you receive the compensation your child deserves. Our attorneys will:
- Investigate whether medical negligence or substandard care played a role.
- File a medical malpractice or birth injury claim on your behalf.
- Collect and review medical records and expert opinions.
- Prove that the injury was caused by the healthcare provider’s actions or omissions.
- Seek compensation to cover medical bills, therapy, and future care costs.
- Address non-economic damages such as pain, suffering, and impact on family life
We have obtained substantial verdicts and settlements on behalf of families left to deal with Erb’s palsy, Klumpke's palsy, or similar birth injuries. We seek damages for the extensive medical and therapeutic care, and for the personal and economic impact of the lifelong disability.
Contact The Becker Law Firm today at 216-480-4620 for a free initial consultation with our birth injuries attorneys in Cleveland, Ohio.
Settling a Brachial Plexus Injury Lawsuit
Once a lawsuit is filed, both sides engage in a discovery process. This includes exchanging documents, medical records, and witness statements, as well as depositions of experts and parties involved. This phase helps pinpoint liability and the full extent of your child’s injury.
Settlement Negotiations
Most brachial plexus injury cases settle out of court. During negotiations, attorneys work diligently to reach a fair settlement that adequately compensates for medical costs, ongoing care, pain and suffering, and future needs. Early settlement can provide families with faster access to needed resources.
Trial Preparation and Litigation
If a fair settlement cannot be reached, your case may proceed to trial. This involves presenting the case before a judge or jury, who will determine the outcome. Skilled attorneys advocate passionately for your child’s rights, seeking maximum compensation for the injury sustained.
Contact The Becker Law Firm
If your child has suffered a brachial plexus injury due to medical negligence, acting quickly is essential. Contact The Becker Law Firm today for a free, confidential consultation. Our experienced attorneys will review your case, explain your legal options, and fight tirelessly to secure the compensation necessary for your child’s lifelong care and quality of life.
Don’t face this challenge alone, let us help you take the first step toward justice and healing.
Call 216-480-4620 now or fill out our online form to schedule your consultation.
