Brachial Plexus Injury Lawsuit

The brachial plexus is a group of nerves. It connects the spinal cord to the shoulder, arm, and hand. These nerves help control movement and sensation of the arm and hand.

The Cleveland Clinic explains that damage to this nerve network may cause weakness. This could often extend to numbness, pain, or loss of movement.

Cleveland Clinic also listed nerve damage as one type of birth injury.

Damage can range from a mild stretch to a very serious tear. In much more severe cases, a nerve root may be pulled away from the spinal cord.

A Washington University guide explains that brachial plexus birth injuries can result from overstretched nerves or nerves pulled from the spinal cord.

Signs & Symptoms of a Brachial Plexus Injury

Babies can show symptoms soon after birth. The possible symptoms may include any of the following:

• Weakness in one arm

• Difficulty moving the arm normally

• Reduced feeling in the arm or hand

• Partial loss of movement

• Complete loss of movement

• An arm that rests or hangs in an unusual position

More serious injuries may cause lasting weakness or pain. Some children may continue to have reduced feeling or limited movement.

A medical study noted that brachial plexus birth palsy can cause lifelong impairment.

How Is a Brachial Plexus Injury Diagnosed?

Doctors may initially examine the child’s arm movement, strength, and reflexes.

The use of imaging may be possible in some cases. Electrical nerve testing may also help assess the location and the severity of the damage.

Those findings can help distinguish a temporary stretch from a rupture or avulsion.

A medical study found that recovery often depends in part on the location and severity of the nerve injury.

Treatment & Prognosis

Treatment depends on the type of nerve damage.

Some mild stretch injuries may improve with observation or therapy. Physical and occupational therapy can help maintain movement. When the damage is worse, doctors may need to perform a procedure.

A Washington University resource has noted that recovery may continue for months or years.

One medical review estimated that about 5% to 22% of the injuries it examined may lead to enduring problems.

Surgery may use nerve grafts or nerve transfers. For severe injuries, the doctors may consider muscle transfer surgery. In some cases, they may also consider other reconstructive treatments.

One cohort study found that 3% of infants studied had longer-term neurological problems. That result describes only the study group and does not necessarily predict another individual child’s outcome.

A brachial plexus injury can happen during birth. It may occur when a baby’s head, neck, or shoulder is stretched enough to injure the baby’s nerves.

A New York court case addressed allegations that excessive force was used during delivery, seriously injuring a baby.

Some birth circumstances may increase the risk. These can include:

• The baby’s shoulder becomes stuck during birth

• Higher-than-usual birth weight

• Diabetes during pregnancy

• Labor that lasts longer than expected

• The baby is not positioned normally for delivery

• Birth assisted with forceps or vacuum extraction

An Ohio case also addressed allegations that improper monitoring and management during a difficult labor caused harm.

A New York decision also addressed claims involving delays in diagnosing or treating a maternal complication.

Is a Brachial Plexus Injury Caused by Medical Negligence?

Not always.

Some brachial plexus injuries happen even when proper care was given. A medical study found that these injuries can occur even when shoulder dystocia was not recognized.

Some claims focus on excessive pulling. Others focus on how shoulder dystocia was handled or the use of forceps and vacuum devices.

Research on forceps and vacuum extraction has examined how improper use of such tools may worsen birth trauma or asphyxia.

A federal court case addressed allegations that excessive traction during shoulder dystocia caused permanent nerve damage.

However, other explanations may exist. In one federal case, defense medical testimony attributed the injury to maternal forces rather than the negligent traction.

Another federal case discussed the possibility of brachial plexus injury despite appropriate shoulder dystocia care.

A brachial plexus injury lawsuit therefore may depend largely on the delivery records and medical evidence.

A brachial plexus injury case often starts with a review of the delivery and medical history.

The case may then proceed through an investigation, filing, settlement talks, or trial.

1. Free Case Review

The process often starts with assessing the situation. It involves reviewing the labor and delivery and looking closely at the child’s injuries.

The lawyer may ask particular questions about shoulder dystocia. Questions may also cover the tools used in the delivery and the treatment after birth.

A brachial plexus injury lawyer may then identify which records need further review.

2. Investigation & Gathering Evidence

Records can include:

• Prenatal records

• Labor records

• Delivery notes

• Monitoring records of the fetus

• Medical imaging or photographs

• Records of the surgical process

• Witness statements

• Medical opinions

A federal appeals court opinion discussed the importance of records from pregnancy through newborn care in reviewing a birth injury claim.

Medical experts may assess the care provided. They may also offer opinions on whether the care caused injury.

3. Filing the Lawsuit

A complaint would generally identify the defendants.

It also outlines alleged medical errors and the resulting injuries. The filing must follow applicable state rules.

4. Negotiating a Settlement

Settlement discussions may begin. This may happen when both sides have reviewed the evidence.

The parties may disagree about fault or the cause of the injury. The child’s prognosis, however, and future care may also affect negotiations.

A settlement may be possible but is not guaranteed.

5. Trial (If Necessary)

A case that does not settle may proceed to trial.

Medical testimony may address the standard of care and how the injury happened. Other evidence may address long-term disability or future treatment.

A judge or jury may then resolve the disputed issues.

A brachial plexus injury case discussed medical testimony used to address the standard of care and causation.

Each case may have a very different settlement value. A family may seek compensation for losses that are permitted under state law. Those losses can cover treatment or rehabilitation.

Claims may also account for the future care and support needed. Some claims may cover losses, such as eligible lost income and injury-related pain. However, no category of compensation is automatic.

Average Brachial Plexus Injury Settlement Amounts

There is no reliable nationwide average.

How much is a brachial plexus injury lawsuit worth? It depends on the facts of the case.

Case value may depend on the severity and permanence of the nerve damage. The evidence of negligent care can also affect the claim.

Future treatment may increase the losses claimed. State law and available evidence also affect case value.

Permanent injuries may support larger claimed losses than injuries that substantially recover. But no result is guaranteed.

Notable Brachial Plexus Injury Case Verdicts

Brachial plexus cases can arise from different birth circumstances.

Some claims focus on excessive traction. Others raise concerns about shoulder dystocia or delayed C-sections.

Severe nerve-root injuries may lead to significant long-term care needs.

One verdict in one case may be very different from another. Serious injuries, such as fractures or brain damage, may change the value of a certain case. However, take note that past results do not show how another family’s case may resolve.

Factors That Affect Case Value

Common factors include:

• Lasting injury

• Difficulty using the arm

• Need for surgery

• Ongoing therapy

• Treatment costs

• Pain

• Other birth injuries

• Evidence of negligence

• State law

• State limits on recoverable damages

Families can request a review. Even if they do not have every detail yet, requesting a review may be feasible.

Medical records as evidence can help in explaining what happened during labor and delivery. The child’s diagnosis and the later treatment can also help in describing and making the injury clearer.

Families looking for a law firm for a brachial plexus injury lawsuit may ask related questions about the case. They can ask about how the delivery records are reviewed. They can also seek answers on how filing deadlines are being monitored.

Families who believe a delivery mistake may have caused their child’s nerve injury can request a free consultation to discuss their legal options.

Get a Free Consultation for a Brachial Plexus Birth Injury Lawsuit