Brachial Plexus Birth Injury Lawsuit

A brachial plexus injury is one of the more common forms of birth injury caused by medical malpractice or negligence, according to a study published in the Journal of Perinatology. This can lead to many long-term problems, including Erb’s palsy or weakness in the shoulder, arm, and hand.

Treatments for brachial plexus injuries can be expensive, but Sokolove Law may be able to help. Call (800) 995-1212 to see if you may be eligible for compensation from a brachial plexus injury lawsuit.

Get a Free Case Review

What Is a Brachial Plexus Injury at Birth?

The brachial plexus is a network of nerves that runs from the spinal cord through the collarbone (or clavicle) into the neck and shoulders and down the arms, fingers, and hands.

These nerves are responsible for providing feeling and movement to the extremities of the upper body, according to the American Academy of Orthopaedic Surgeons (AAOS).

During difficult deliveries, there are many ways the brachial plexus nerves can be stretched or torn, potentially causing injury to the baby.

Brachial Plexus Injury Causes at Birth

Potential causes of brachial plexus injuries at birth include:

  • Shoulder dystocia (when the baby’s shoulders can’t fit through the birth canal) poses the greatest risk for brachial plexus birth injuries, according to a study in The Journal of Bone & Joint Surgery
  • Delivering a large baby with a higher birth weight than normal poses the second-greatest risk for brachial plexus injuries at birth, according to the study in The Journal of Bone & Joint Surgery
  • Medical instruments like forceps or vacuum extractors used to pull the baby from the birth canal, which can stretch the baby’s neck to the side and damage the brachial plexus nerves
  • Breech deliveries (when the baby’s feet or bottom come out first)

Medical Negligence & Brachial Plexus Birth Injuries

In many of these cases, the brachial plexus birth injury could have been prevented if the doctor, obstetrician, or medical professional had ordered a cesarean or C-section instead.

If your child suffered a brachial plexus injury at birth, get in touch with Sokolove Law as soon as possible. We have experienced brachial plexus lawyers who may be able to help you take legal action.

Unsure if your child suffered a brachial plexus birth injury? We have registered nurses on staff with decades of labor and delivery experience who can listen to your story and help you understand what may have happened.

Our Past Brachial Plexus Birth Injury Lawsuit Settlements

If medical negligence caused your child’s injury, you may be eligible for financial compensation that can help cover the costs of your child’s treatment and care.

For decades, Sokolove Law has fought on behalf of families with children who suffered injuries at birth. As of March 2024, we've recovered more than $905 Million in birth injury settlements and verdicts nationwide.

A few of our past brachial plexus injury settlements and verdicts include:

  • $5 Million for a family in Connecticut
  • $4.5 Million for an Illinois family
  • $2.75 Million for a family in Pennsylvania
  • $2 Million for a North Carolina family
  • $1.99 Million for a family in New York
  • $1.8 Million for a Texas family
  • $1 Million for a family in New Jersey
  • $944,000 for a South Carolina family

Let us get you the money you deserve. Call (800) 995-1212 now. There are no hourly fees or out-of-pocket costs. Our team only gets paid if you do.

Get the Help Your Child Deserves

If you have a case, our Erb's palsy lawyers can fight for the compensation your family deserves.

Get a Free Case Review

Can You Sue for a Brachial Plexus Injury at Birth?

You may be able to sue for a brachial plexus birth injury if:

  • Your child was injured due to malpractice, likely during the delivery process
  • You're the child's legal guardian, usually their parent or grandparent

Brachial plexus injury lawsuit settlements can help families afford the medical care needed to give your child the best quality of life possible.

Call (800) 995-1212 now for free help determining your eligibility to sue for a brachial plexus injury.

Signs and Symptoms of Brachial Plexus Injury

Brachial plexus injuries symptoms depend on how severe the birth injury is and where it occurs. The most severe injuries and symptoms stem from rupturing or tearing the injured nerves — especially if the nerves are completely separated from the spinal cord.

According to the AAOS, symptoms of brachial plexus injury in infants may include:

  • An inability to move the arm, shoulder, or hand
  • Numbness or burning sensation in the affected area
  • Weakness in the arm, shoulder, or hand
  • Constant pain in severe cases

“After hours of labor, my daughter arrived unresponsive, with severe bruising and swelling on the back of her head. Thankfully, Sokolove Law fought for justice and the best care for my child. The compensation they secured for my daughter has been life-changing.”
– New York City Mother & Firm Client

Types of Brachial Plexus Injuries

There are many different types of brachial plexus injuries, depending on how the brachial plexus is damaged. In some cases, the brachial plexus nerves may only be stretched, while, in others, the nerves may be completely separated from the spinal cord.

Common types of brachial plexus injuries include:

  • Brachial plexus palsy
  • Erb’s palsy
  • Total plexus involvement
  • Neuropraxia
  • Neuroma
  • Rupture
  • Avulsion
  • Klumpke’s palsy
  • Horner’s syndrome

Erb’s Palsy and Brachial Plexus Birth Palsy

Brachial plexus palsy occurs when the brachial plexus nerves are damaged, and the brain can no longer send signals to the arm muscles, which can affect your baby’s ability to use some or all of their arm.

Erb’s palsy, however, occurs when the upper nerves of the brachial plexus are stretched, which mostly affects the baby’s shoulder and elbow muscles, according to Seattle Children’s Hospital. Children with Erb’s palsy will sometimes be able to move their fingers but not their shoulders.

Other Erb’s palsy symptoms include:

  • Partial or complete paralysis in one arm
  • Weakness or numbness in the affected area
  • Limited range of motion in the affected arm

A more severe type of brachial plexus palsy involves both the lower and upper brachial plexus nerves and is known as total plexus palsy or involvement.

Total Plexus Involvement

When brachial plexus palsy affects your baby’s arm, hand, and wrist muscles, the condition is known as total plexus palsy or involvement, according to Seattle Children’s Hospital.

Because all of the brachial plexus nerves are affected, total plexus involvement usually results in a complete loss of movement in the hand, arm and shoulder.

Neurapraxia

Neurapraxia is a brachial plexus injury that stretches the nerves significantly — but doesn’t damage or tear them. In some cases, neurapraxia will heal on its own without treatment, though recovery can take several weeks or months, according to Johns Hopkins Medicine.

Neurapraxia is the most common form of brachial plexus nerve injury, according to Boston Children’s Hospital.

Neuroma

A neuroma is a brachial plexus injury that stretches and damages some of the nerve fibers. As it heals, scar tissue can form and press on the surrounding healthy nerves, causing pain and discomfort. In cases of neuromas, only partial recovery is usually possible, according to the American Academy of Orthopaedic Surgeons (AAOS).

Rupture

A rupture is a more severe brachial plexus injury that occurs when the nerve itself is torn apart — but not where it attaches to the spine. This type of injury won’t be able to heal on its own and may require surgical treatment, according to Boston Children’s Hospital.

Avulsion

An avulsion is an extremely severe form of brachial plexus injury that occurs when the nerve root is separated from the spinal cord. Avulsions are less common, making up about 10-20% of brachial plexus injury cases, according to Boston Children’s Hospital.

Though the injury happens at the spinal cord, avulsions can also affect the nerve leading to the diaphragm, which can cause breathing difficulties as well.

Unfortunately, an avulsion can’t be fixed through surgery. The damaged tissue may need to be surgically replaced with a nerve transfer.

Klumpke’s Palsy

Also known as Klumpke’s paralysis, Klumpke’s palsy is a type of brachial plexus palsy that results from an injury to the area of the brachial plexus that includes nerves in the neck and shoulder. Medical negligence or malpractice is a common cause of Klumpke’s palsy in infants.

Klumpke’s palsy will typically affect the muscles in the hand, forearm and wrist. Pain, numbness and weakness are the most prevalent symptoms, according to Baptist Health.

Horner’s Syndrome

Horner’s syndrome affects the nerves in the brain, face, and eye. This condition often results in a smaller pupil and drooping eyelid in the affected eye.

Although Horner’s syndrome can’t be treated, according to the Mayo Clinic, nerve function may eventually return if the underlying cause can be corrected.

Get the Help You Deserve

You may be eligible for compensation. We may be able to help.

Get a Free Case Review

Brachial Plexus Injury Treatment Options

Depending on the severity of the injury, your child may be able to recover from a brachial plexus injury. Even if brachial plexus surgery is needed, the success rate can be as high as 95%.

Brachial plexus injuries can often improve from the following treatment options:

  • Physical therapy can help the affected limbs work better through increased flexibility and range of motion
  • Occupational therapy can help a child with muscle weakness perform everyday tasks, like getting dressed
  • Orthopedic or nerve surgery may be needed for more severe brachial plexus injuries

Surgical Options for Brachial Plexus Birth Injuries

According to Johns Hopkins Hospital, common surgical procedures to treat more severe brachial plexus birth injuries include:

  • Muscle transfers and tendon transfers: A muscle or tendon is moved from another part of the body to help a child regain arm function
  • Neurolysis: Scar tissue is removed from a nerve to help it work the way it should
  • Nerve grafts: A surgeon takes nerve fibers from another area of the body to help damaged nerves heal

Brachial Plexus Injury Lawyers Can Help

Treatments for a brachial plexus injury can be costly — but we may be able to help. If your child suffered harm due to medical negligence or malpractice, you may be eligible for financial compensation.

For decades, experienced birth injury attorneys working with Sokolove Law have helped families with children hurt by preventable injuries during birth seek justice and compensation.

We’ve recovered over $905 Million on behalf of these families.

Not only do we have the resources to represent families in these cases, we have a nationwide network of brachial plexus injury lawyers who have a deep understanding of this area of the law.

We also have a team of registered nurses on staff who may be able to give you a better idea of whether or not medical mistakes are to blame for your child’s condition.

Learn more about your legal options by getting a free case review or calling (800) 995-1212 now.

Brachial Plexus Birth Injury Lawsuit FAQs

How do I know if my baby has brachial plexus injury? 

The symptoms of a brachial plexus injury can vary greatly. However, in many cases, a child will have numbness, weakness, or paralysis in the affected area, usually the hand, arm, and/or shoulder.

The experienced and compassionate registered nurses with Sokolove Law have decades of labor and delivery experience and can help you determine if something may have happened to your child. Contact us today to learn more.

What causes brachial plexus palsy in newborns? 

When a baby is born, the brachial plexus nerves in the shoulders and upper arms are extremely vulnerable. A brachial plexus injury can occur when the nerves are stretched or torn during the birthing process, particularly during difficult deliveries, when a baby is pulled from the birth canal.

In some instances, a doctor may improperly use a medical device like forceps or vacuum extractors that are designed to remove a baby from the birth canal. Unfortunately, these instruments can stretch the baby’s shoulders or neck to such extent that it causes brachial plexus nerve damage.

What are risk factors for neonatal brachial plexus palsy?

According to MedLine Plus, some of the factors that increase the risk for neonatal brachial plexus palsy include:

  • Breech deliveries (when the baby presents bottom first during birth)
  • A baby who is larger than average
  • A doctor having a difficult time extracting the baby’s shoulder from the birth canal after the head has emerged
  • Shoulder dystocia

What are the symptoms of a brachial plexus injury? 

Babies with a brachial plexus injury may experience the following:

  • Paralysis in the affected arm
  • Weakness of the muscles
  • Severe pain in some instances

What are my legal options for neonatal brachial plexus palsy?

If a preventable medical error caused your child’s birth injury, you may be eligible for compensation from a brachial plexus birth injury lawsuit. Brachial plexus injury compensation amounts vary according to a number of unique factors in each case.

Get in touch with us today to learn more about your legal options and see if you may have a case.

How much are brachial plexus injury lawsuit settlements worth?

Brachial plexus injury lawsuit settlements depend on a variety of different factors in each unique case, like the severity of the injury, degree of wrongdoing by the doctor or hospital, strength of the evidence, and more.

At Sokolove Law, our brachial plexus injury lawyers are prepared to fight for as much compensation as possible for your claim. See if you have a case now for free.

What is Erb’s palsy in infants?

Erb’s palsy is a type of brachial plexus injury that affects the nerves in the neck and shoulder. It will typically occur when these areas of the baby’s body are significantly stretched during delivery.

In some cases, a doctor can cause this type of injury by a medical error or mistake when trying to extract the child from the mother’s birth canal. Improperly using a vacuum extractor or forceps can result in the kind of nerve damage associated with Erb’s palsy.

If a medical error contributed to your child's condition, you may be able to file an Erb's palsy lawsuit to pursue compensation. Learn more about your legal options today.

  1. Journal of Perinatology. "Are current measures of neonatal birth trauma valid indicators of quality of care?" Retrieved from: https://www.nature.com/articles/jp201571. Accessed on June 23, 2023.
  2. American Academy of Orthopaedic Surgeons. "Erb's Palsy (Brachial Plexus Birth Palsy)." Retrieved from: https://orthoinfo.aaos.org/en/diseases--conditions/erbs-palsy-brachial-plexus-birth-palsy. Accessed on June 23, 2023.
  3. Nemours Children's Health. "Newborn Brachial Plexus Injuries." Retrieved from: https://kidshealth.org/en/parents/brachial-plexus.html. Accessed on June 23, 2023.
  4. Mayo Clinic. "Brachial plexus injury." Retrieved from: https://www.mayoclinic.org/diseases-conditions/brachial-plexus-injury/symptoms-causes/syc-20350235. Accessed on June 23, 2023.
  5. American Academy of Orthopaedic Surgeons. "Brachial Plexus Injuries." Retrieved from: https://orthoinfo.aaos.org/en/diseases--conditions/brachial-plexus-injuries/. Accessed on June 23, 2023.
  6. Baptist Health. "ERB'S PALSY (ERB DUCHENNE PALSY)." Retrieved from: https://www.baptisthealth.com/services/neurology-care/conditions/erbs-palsy. Accessed on June 23, 2023.
  7. Seattle Children's Hospital. "Brachial Plexus Palsy." Retrieved from: https://www.seattlechildrens.org/conditions/brachial-plexus-palsy/. Accessed on June 23, 2023.
  8. Johns Hopkins Medicine. "Brachial Plexus Injury." Retrieved from: https://www.hopkinsmedicine.org/health/conditions-and-diseases/brachial-plexus-injuries. Accessed on June 23, 2023.
  9. Boston Children's Hospital. "Brachial Plexus Birth Injury." Retrieved on: https://www.childrenshospital.org/conditions-and-treatments/conditions/b/brachial-plexus-injury/. Accessed on June 23, 2023.
  10. Baptist Health. "KLUMPKE'S PALSY (KLUMPKE'S PARALYSIS)." Retrieved from: https://www.baptisthealth.com/services/neurology-care/conditions/klumpkes-palsy. Accessed on June 23, 2023.
  11. Mayo Clinic. "Horner syndrome." Retrieved from: https://www.mayoclinic.org/diseases-conditions/horner-syndrome/symptoms-causes/syc-20373547. Accessed on June 23, 2023.
  12. BJOG: An International Journal of Obstetrics & Gynaecology. “Comparison of perinatal outcomes of shoulder dystocia alleviated by different type and sequence of manoeuvres: a retrospective review.” Retrieved from https://pubmed.ncbi.nlm.nih.gov/21481159/. Accessed on June 23, 2023.
  13. MedLine. "Brachial plexus injury in newborns." Retrieved from: https://medlineplus.gov/ency/article/001395.htm. Accessed on June 23, 2023.
  14. Stanford Children's Hospital. "Brachial Plexus Injury: The Condition." Retrieved from: https://www.stanfordchildrens.org/en/service/brachial-plexus-injury/condition. Accessed on June 23, 2023.
  15. The Journal of Bone & Joint Surgery. "The Epidemiology of Neonatal Brachial Plexus Palsy in the United States." Retrieved from: https://journals.lww.com/jbjsjournal/Abstract/2008/06000/The_Epidemiology_of_Neonatal_Brachial_Plexus_Palsy.12.aspx. Accessed on June 23, 2023.