Fighting for Families Affected by Brachial Plexus Birth Injuries

In the delivery room, every second counts. 

While most births proceed without major complications, sometimes medical errors or negligence can cause serious injuries. One such injury is brachial plexus palsy, a condition that can occur when a newborn’s shoulder is stretched excessively during childbirth, damaging the nerves that control movement and sensation in the arm and hand. 

If your child has been diagnosed with brachial plexus palsy due to a birth injury, you may be entitled to compensation, and Morgan & Morgan is here to help.

Our experienced brachial plexus palsy injury attorneys understand how devastating this type of injury can be for families. We fight tirelessly to hold negligent medical professionals accountable and secure the justice and financial recovery your child deserves. 

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is Brachial Plexus Palsy?

The brachial plexus is a network of nerves near the neck that controls muscles in the shoulder, arm, and hand. Suppose these nerves are stretched, compressed, or torn, often during a difficult or improperly handled delivery. In that case, the resulting condition is known as brachial plexus palsy or Erb’s palsy (a common form of the condition affecting the upper arm).

Types of Brachial Plexus Injuries

There are several types of injuries that can affect the brachial plexus, each with varying severity:

• Neurapraxia: The most common and mildest form. The nerve is stretched but not torn. Most babies recover fully over time.
• Neuroma: The nerve is torn and heals with scar tissue, which can cause lasting issues.
• Rupture: The nerve is torn but not at the spinal cord. This often requires surgical intervention.
• Avulsion: The most severe form, in which the nerve is torn from the spinal cord. This can lead to permanent disability.
  
   

How Does Brachial Plexus Palsy Happen?

While not every case of brachial plexus palsy is due to malpractice, many are the result of medical negligence during labor and delivery. Some common causes include:

• Excessive force during delivery: When a doctor pulls too hard on the baby's head or neck during birth.
• Shoulder dystocia: A condition where the baby’s shoulder gets stuck behind the mother’s pelvic bone.
• Improper use of delivery tools: Such as vacuum extractors or forceps.
• Failure to perform a timely C-section: In high-risk deliveries, a delay in ordering a C-section can cause unnecessary complications.
• Improper fetal monitoring: Missing signs of fetal distress that would warrant surgical intervention.
  
   

Signs and Symptoms of Brachial Plexus Palsy

If your child suffered a brachial plexus injury, the signs may be visible shortly after birth. Symptoms may include:

• Limp or motionless arm
• Decreased grip strength in one hand
• Arm bent at the elbow and held against the body
• Lack of Moro reflex (startle reflex) on one side
• Loss of sensation in the affected arm or hand
• Muscle weakness or paralysis

Some children recover within months, especially in mild cases. However, severe cases may require ongoing physical therapy, surgery, or result in permanent disability.

Who Can Be Held Liable for a Brachial Plexus Injury?

If your baby’s brachial plexus injury was caused by medical negligence, you may be able to hold the following parties accountable:

• Obstetricians or other doctors involved in the delivery
• Nurses or delivery staff who failed to act appropriately
• Hospitals that employed negligent staff or failed to provide adequate training
• Medical device manufacturers, if tools used during delivery were defective

At Morgan & Morgan, we conduct a thorough investigation of your case to identify all responsible parties and gather the evidence needed to support your claim.

Proving Medical Malpractice in Brachial Plexus Cases

In order to prove medical malpractice, your attorney must demonstrate the following:

• Duty of Care: The healthcare provider had a responsibility to provide a reasonable standard of care.
• Breach of Duty: That provider failed to meet the standard of care, through action or inaction.
• Causation: The breach directly caused your child’s injury.
• Damages: The injury resulted in measurable harm, including medical bills, pain, suffering, or future care needs.

This is where an experienced attorney can make a critical difference. Morgan & Morgan works with medical experts, obstetricians, and life care planners to build a strong case on your behalf.

Compensation in Brachial Plexus Palsy Lawsuits

Families affected by brachial plexus palsy face significant emotional and financial burdens. A successful lawsuit can help you recover compensation for:

• Medical expenses: Including hospital stays, surgeries, physical therapy, and ongoing care.
• Future medical care: For lifelong disabilities or complications.
• Rehabilitation costs: Occupational and physical therapy to improve motor function.
• Pain and suffering: For both the child and the parents.
• Loss of earning capacity: If the injury results in permanent disability.
• Emotional distress: For the trauma of the injury and its long-term impact.
• Assistive devices: Such as braces, splints, or wheelchairs if needed.

Every case is unique, and damages vary depending on the severity of the injury and its impact on the child’s life.

Why Choose Morgan & Morgan?

With over 35 years of experience and a nationwide network of attorneys, Morgan & Morgan is one of the largest and most powerful personal injury firms in the country. 

We’ve recovered more than $25 billion for our clients, and we’re proud to stand up for those who can’t fight alone.

Families trust us because we work on a contingency fee basis. That means the Fee Is Free®, and you don’t pay unless we win.

We treat every client like family, because we know this isn’t just a case; it’s your child’s future. As the nation’s largest personal injury law firm with offices in every state, we can provide clients with the resources and strength of a large firm while offering the personalized attention of a local lawyer. 

When you reach out to Morgan & Morgan, you’ll receive a free, no-obligation case evaluation. Next, our team will review medical records, birth details, and the extent of your child’s injuries. We will then partner with leading medical professionals and life care experts to present the strongest case possible.

If we determine malpractice occurred, we’ll file a claim on your behalf against the responsible parties. We’ll aggressively pursue a fair settlement, and if needed, we won’t hesitate to take your case to trial.

And throughout the process, we’ll keep you informed and empowered every step of the way.

No family should have to bear the burden of a birth injury alone, especially when it was preventable. If your child suffered a brachial plexus injury due to a medical provider’s negligence, you have legal rights.

At Morgan & Morgan, we’re here to help you seek answers, justice, and the compensation your child deserves. Contact us today for a free, no-obligation case evaluation.