Brachial Plexus Birth Injury Lawsuit

What Is a Brachial Plexus Injury at Birth?

The brachial plexus is a network of nerves that provides feeling and movement to the upper extremities. It runs from the spinal cord through the collarbone, neck, shoulders, arms, hands, and fingers.

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

A brachial plexus injury occurs in approximately 1 to 3 of every 1,000 birth. In many cases, brachial plexus birth injuries could’ve been prevented if a medical professional had ordered a cesarean section or C-section instead.

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

At Sokolove Law, we’ve secured over $1 Billion for families impacted by birth injuries like Erb’s palsy. Contact us now to see if we may be able to fight for you.

Brachial Plexus Injury Causes at Birth

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

Potential causes of brachial plexus injuries at birth include:

• Shoulder dystocia: When the baby’s shoulders can’t fit through the birth canal, they’re at the greatest risk for brachial plexus birth injuries, according to The Journal of Bone & Joint Surgery.
• Delivering a large baby: Newborns with a higher birth weight than normal pose the second-greatest risk for brachial plexus injuries at birth.
• Medical instruments: Forceps or vacuum extractors may be 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 comes out first, the shoulders may get stuck, leading to excessive pulling or twisting that can damage their nerves.

While some of these causes may be unavoidable, there are sometimes steps that medical professionals can take to reduce the risk of injury during birth.

Medical Malpractice & Brachial Plexus Birth Injuries

Brachial plexus birth injuries often occur when a medical professional makes a mistake or fails to take necessary action during the delivery process.

Examples of malpractice that may cause a brachial plexus injury include: 

• Failing to monitor the baby's position and size before delivery
• Failing to perform a C-section despite indications of a difficult delivery
• Misusing forceps or vacuum extractors during the delivery
• Not adjusting the mom or baby’s position correctly when handling shoulder dystocia
• Using excessive force to pull the baby from the birth canal

If your child suffered a brachial plexus injury at birth, get in touch with Sokolove Law as soon as possible. We have nurses on staff who can listen to your story and help you understand what may have happened.

Our Past Brachial Plexus Injury Lawsuit Settlements

For decades, Sokolove Law has fought on behalf of families with children who suffered injuries at birth. As of January 2025, we've recovered more than $1 Billion in birth injury settlements and verdicts nationwide.

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

• $5 Million to a family in Connecticut
• $4.5 Million for an Illinois family
• $2 Million to a North Carolina family
• $1.99 Million for a family in New York
• $1.8 Million to a Texas family
• $2.75 Million for a family in Pennsylvania

While there’s never a guarantee of compensation, our brachial plexus injury lawyers will fight hard to get you the most money possible in your birth injury case.

Contact us now to see if we can pursue brachial plexus injury compensation for your child.

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 before, during, or shortly after delivery
• You're the child's legal guardian, usually their parent or grandparent

We have registered nurses on staff who can help you determine if malpractice may have played a role in your child’s injury — even if they haven’t received a formal diagnosis yet.

Brachial Plexus Lawsuit Deadlines

In some states, you only have as little as 1 year to file a brachial plexus lawsuit due to laws called statutes of limitations.

These deadlines vary by state, but once they pass, you won’t be able to take legal action for your child’s injuries again.

It’s important to contact a brachial plexus law firm as soon as possible, so you don’t miss your chance for justice.

How to File a Brachial Plexus Lawsuit

At Sokolove Law, we strive to make filing a brachial plexus lawsuit as easy and stress-free as possible by handling every step of the process for you.

If you have a case, our legal team can: 

• Determine if you may be able to file a claim during a free case evaluation
• Gather evidence like medical records showing your child’s brachial plexus injury was caused by malpractice
• File your brachial plexus lawsuit before any deadlines
• Negotiate a brachial plexus injury settlement with the defendants

If a settlement is unable to be reached, we’re prepared to take your case to court and seek compensation from a brachial plexus trial verdict.

Brachial Plexus Injury Settlements & Verdicts

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

Brachial plexus compensation may be awarded in one of two ways:

• Brachial plexus injury lawsuit settlements: In a brachial plexus settlement, your attorney will negotiate a payout with the defendant before the case goes to court. Most cases end in a settlement, which may allow you to receive compensation sooner.
• Brachial plexus trial verdicts: If your case doesn’t settle, our brachial plexus attorneys can present your case in court before a judge and jury, who decide the outcome of the trial in a verdict.

The amount you may receive from a brachial plexus injury lawsuit depends on many factors, including the severity of your child’s injury, the cost of their medical expenses, and the extent of malpractice that took place.

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.

Signs and Symptoms of Brachial Plexus Injury

Symptoms of a ​brachial plexus injury depend on the severity of the injury and where it occurred.

The most serious injuries stem from rupturing or tearing brachial plexus nerves — especially if the nerves are completely separated from the spinal cord.

Signs and symptoms of a brachial plexus injury in infants may include:

• An inability to move the arm, shoulder, or hand
• Constant pain in severe cases
• Failure to respond to touch on the arm
• Weakness in the arm, shoulder, or hand

If you begin to notice signs of a brachial plexus injury in your child, talk to their doctor as soon as possible to determine the best course of action.

“My child was born with shoulder dystocia and a cord around her neck. When we got home, we noticed her arm wasn’t moving properly, and she was diagnosed with a brachial plexus injury. We were lost until Sokolove Law helped us navigate medical bills and other costs.”
– New York Parent & Firm Client

Types of Brachial Plexus Injuries at Birth

There are many different types of brachial plexus injuries, depending on how the nerves are 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
• Avulsion
• Horner’s syndrome
• Klumpke’s palsy
• Neurapraxia
• Neuroma
• Rupture
• Total plexus involvement

Find out more about each type of brachial plexus birth injury and how it may affect your child’s development.

Erb’s Palsy & Brachial Plexus Birth Palsy Lawsuit

Brachial plexus palsy occurs when the brachial plexus nerves are damaged, preventing the brain from sending signals to the arm muscles. This can affect your baby’s ability to use some or all of their arm.

Erb’s palsy is a type of palsy that results from injury to the upper nerves of the brachial plexus, primarily affecting the shoulder and elbow muscles. Children with Erb’s palsy may be able to move their fingers but not their shoulders.

Other symptoms of Erb’s palsy include partial or complete paralysis in one arm, weakness or numbness in the affected area, and a limited range of motion.

Avulsion

A severe brachial plexus injury, avulsions occur 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.

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

Horner's Syndrome

Horner’s syndrome impacts 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, nerve function may eventually return if the underlying cause can be corrected.

Klumpke's Palsy Lawsuit

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

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

If an injury at birth caused your child to develop Klumpke's palsy, you may be eligible for compensation from a Klumpke's palsy lawsuit.

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.

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.

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

Brachial Plexus Birth Injury Treatment Options

Depending on the severity of the injury, your child may be able to recover from a brachial plexus injury and regain the function of their affected arm.

Brachial plexus injuries can often improve from:

• Physical therapy to help increase flexibility and range of motion in the affected limb
• Occupational therapy to help a child with muscle weakness perform everyday tasks, like getting dressed
• Orthopedic or nerve surgery for more severe brachial plexus injuries

Even in severe cases where brachial plexus surgery is needed, the majority of patients experience improvements in arm movement and strength.

Surgery for Brachial Plexus Birth Injuries

Surgeries used to treat brachial plexus birth injuries can be critical for improving a child's quality of life. These procedures aim to repair or restore the nerves affected by the injury.

Surgical procedures used to treat brachial plexus birth injuries include:

• Muscle 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.

Unfortunately, the costs of surgery can add up quickly. Brachial plexus injury compensation has helped many families afford the care their child needs.

“The doctor who delivered my baby was pulling way too hard, and we later learned he had a brachial plexus injury. I’m still paying for occupational therapy, and the costs are overwhelming. I honestly don’t know what I’d do without Sokolove Law’s help with the medical bills.”
– Mother in Maryland & Firm Client 

Why Choose Our Brachial Plexus Injury Attorneys?

Our brachial plexus injury attorneys are compassionate, knowledgeable, and committed to getting families the support and resources needed to move forward.

We’ll help you navigate treatment options, medical bills, and other concerns while filing a lawsuit on your behalf. This will allow you to focus on your child’s care as we fight for the compensation you deserve.

Find out how our brachial plexus injury attorneys stand out from the rest: 

• A Track Record of Success: Our attorneys have secured over $1 Billion for families affected by brachial plexus injuries and other birth injuries.
• Decades of Experience: For over 45 years, our firm has fought for those harmed by medical malpractice and other preventable injuries
• National Presence: As a national birth injury law firm, we can help families impacted by brachial plexus injuries in all 50 states.
• No Upfront Costs: There are no upfront costs or hourly fees to work with our team. We only get paid if you do.

By working with an experienced brachial plexus lawyer, you may be able to improve your chances of receiving compensation for your child’s medical expenses, ongoing care, and more.

Our Brachial Plexus Injury Lawyers Can Help Families Nationwide

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

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

We’ve secured more than $1 Billion on behalf of clients nationwide.

Our team also has registered nurses on staff who can help give you a better idea of whether or not a medical error may be to blame for your child’s condition.

Call (800) 995-1212 now or fill out our contact form to see if we can help you during a free case review.

Brachial Plexus at Birth Lawyer FAQs