If your baby or child suffered from brachial plexus nerve damage at birth, you may be entitled to recover compensation from a brachial plexus injury lawsuit or settlement. Contact a brachial plexus birth injury lawyer to request a free case review.
A team of birth injury lawyers and personal injury attorneys is investigating potential brachial plexus lawsuit cases and settlement claims of families and parents whose children have suffered from brachial plexus injury due to birth related medical malpractice or negligence.
Brachial plexus injury (BPI or brachial plexus lesion) is an injury to the brachial plexus (i.e., a network or plexus of nerves that form near the lower four cervical nerves C5, C6, C7, C8 and the first thoracic nerve T1 that transmit signals from the spinal cord to the shoulder, arm and hand). When nerves in the brachial plexus get damaged, signals cannot travel like usual from the brain to the muscles in the shoulders, arms and hands and some or all of a child’s muscles in those areas may no longer work.
Brachial plexus injuries are generally traumatic (i.e., caused by some sort of trauma) or obstetric (i.e., related to pregnancy and childbirth complications). For example, during birth a baby’s shoulders may become impacted causing the brachial plexus nerves to stretch or tear. It is estimated that about 2 out of every 1,000 newborn babies may experience brachial plexus injury during childbirth.
Brachial Plexus Birth Injury Lawsuit Cases
Brachial plexus injury lawsuit and settlement cases potentially being investigated include claims involving babies who suffered brachial plexus injury during childbirth due to possible medical malpractice or negligence, including the following types of brachial plexus injuries:
- Brachial plexus injury
- Brachial plexus lesion
- Brachial palsy
- Erb’s palsy (upper brachial plexus injury)
- Klumpke’s palsy (lower brachial plexus injury)
- Total brachial plexus palsy
- Neonatal brachial plexus palsy
- Bilaterial injuries
- Nerve damage
- Other birth injury lawsuit cases
About 20 to 30 percent of brachial plexus injuries involve damage to both the lower and upper brachial plexus nerves (total plexus involvement). Although most brachial plexus injuries affect one side of the body, in some rare cases, the injuries can affect both sides (bilateral).
Brachial Plexus Medical Malpractice Claims
Brachial plexus medical malpractice lawsuit claims potentially being investigated include those involving nerve damage to babies caused by the negligence of physicians, obstetricians (OB-GYNs), pediatricians, family practitioners, doctors, or other medical professionals, including:
- Excessive force used during delivery of baby
- Downward lateral traction applied by physician
- Bending of the fetus’ neck away from the anterior shoulder
- Fetal malposition (improper positioning of fetus)
- Failure to rotate baby inside birth canal
- Failure to adjust a baby’s shoulders
- Breech delivery (feet-first or bottom-first delivery)
- Misreading of ultrasound results
- Failure to timely diagnose or manage shoulder dystocia
- Failure to order a c-section
- Negligent use of forceps
- Negligent use of vacuum extractor
- Labor induction issues
- Failure to identify and manage labor abnormalities and risks
- Failure to identify a high birth weight (fetal macrosomia)
- Failure to identify a mother’s small or misshaped pelvis
- Failure to identify cephalo-pelvic disproportion
- Failure to handle complicated delivery
- Other brachial plexus medical malpractice lawsuit claims
Brachial plexus medical malpractice cases can include situations such as when shoulder dystocia is mismanaged, when there is a failure to identify a baby that is too large for a vaginal delivery, when there is a failure to identify a mother whose pelvis is too small, when a forceps, vacuum extractors and other birthing tools are improperly used, when too much force is used to pull on a baby’s head and neck area (including excessive tugging, yanking, pulling or grabbing of fetus’s head, neck or shoulders), and when there is a failure to perform a timely C-section, among others.
Brachial Plexus Nerve Damage
Brachial plexus nerve damage can include the following:
- Neurapraxia (stretching)
- Neuroma (stretching with nerve fiber damage and scarring)
- Ruptures (torn outside spinal cord)
- Avulsion (torn from spinal cord)
Neurapraxia is the most common and least severe type of nerve damage, occuring when the nerves are stretched or strained, but are not torn. Neuroma is more serious and occurs when the stretching causes damage to the nerve fibers which can lead to scarring and permanent pinching of the nerves. Ruptures are even more serious and occur when the nerve fibers tear, requiring surgery to re-construct the fiber with nerve tissue graft. Avulsions are the most severe form of nerve damage, occurring when the nerve fiber detaches from the spine.
Brachial Plexus Injury Signs & Symptoms
Signs and symptoms of brachial plexus injury can include, among others
- Limp arm
- Paralyzed arm (Paralysis)
- Lack of muscle control in arm, hand or wrist
- Lack of feeling or sensation in arm or hand
- Weakness in arm
- Diminished reflexes
- Difficulty moving arms, hands or shoulders
- Arm, wrist or hand position not normal
- Arm turning inward
- Wrist and hand curling down
- Bent elbow because of tight joint
- Pain in arm or hand
- Numb feeling in arm or hand
- Other brachial plexus injury symptoms or signs
Brachial Plexus Nerve Damage Complications
Long term complications from brachial plexus injury can include decreased innervation (or ability to supply nerves to parts of the body), decreased stamina and strength, muscle atrophy, impaired bone growth, abnormal muscle movement, joint dysfunction, scapular winging (shoulder blade kicks up and out), discrepancies in the length of arms, glenohumeral dysplasia (abnormal development of ball and socket joint in shoulder), scoliosis (abnormal curvature in spine), lack of balance, coordination and dexterity, Horner’s syndrome or oculosympathetic palsy (drooping eyelid), paralysis of diaphragm (resulting in reduced lung capacity) and psychological issues.
Time Is Limited To File A Brachial Plexus Lawsuit. Connect With a Brachial Plexus Birth Injury Lawyer.
Deadlines known as statutes of limitation and statutes of repose may limit the amount of time that parents, families and other claimants have to file a brachial plexus lawsuit case to try to recover compensation for brachial plexus birth injuries.
This means that if a brachial plexus injury lawsuit claim is not filed before the applicable time limit or deadline, the claimant may be barred from ever taking legal action or pursuing litigation regarding the brachial plexus injury claim. That is why it is important to connect with a brachial plexus birth injury lawyer or attorney as soon as possible.
If your child has suffered from a birth related injury such as brachial plexus nerve damage, you may be entitled to recover compensation from a brachial plexus injury lawsuit or settlement. Contact a brachial plexus birth injury lawyer to request a free case review.
*If your child is experiencing health issues or complications, we urge you to promptly consult with your doctor or physician for an evaluation.
**The listing of a company or product is not meant to state or imply that the company acted illegally or improperly or that the product is unsafe or defective; rather only that an investigation may be, is or was being conducted to determine whether legal rights have been violated.
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