New York Brachial Plexus Lawyers

Causes and Symptoms of Brachial Plexus Injuries

The brachial plexus is a vital network of nerves originating from the spinal cord in the neck and extending through the shoulder region into the arm and hand. Brachial plexus injuries in newborns can have significant implications for mobility, dexterity, and quality of life, particularly if they result from medical malpractice during childbirth or other medical procedures. 

Shoulder dystocia, a complication during childbirth characterized by difficulty in delivering the baby’s shoulders, is a common cause of brachial plexus injuries. This type of injury can lead to a condition known as, Erb’s palsy, which leaves some children paralyzed in their arm/shoulder for their entire lifetime. 

Recognizing the symptoms associated with brachial plexus injuries is crucial for early intervention and treatment. These symptoms may include: 

• Weakness or Paralysis 
• Loss of Sensation/Numbness/Tingling in the arm or hand
• An arm that hangs limp or held close to the body 
• Abnormal Muscle Contractions 
• Limited Range of Motion 

It is important to note that these symptoms may not always be immediately apparent after childbirth and could develop gradually over time. If a parent suspects that their infant’s brachial plexus injury was caused by medical negligence, seeking prompt medical and legal assistance is crucial for proper diagnosis, treatment, and potential legal recourse.  

Treatment for brachial plexus injuries can be costly, but at Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we are committed to securing fair damages for families affected by medical negligence or malpractice.

Types of Brachial Plexus Injuries

Brachial plexus injuries are typically classified by both severity and location and generally fall into the following categories: 

Neuropraxia 

Neuropraxia is characterized by temporary nerve dysfunction due to stretching or compression of the brachial plexus nerves during birth. The extent of recovery depends on the severity of the injury. Physical therapy may be recommended for mild cases to encourage strength and range of motion as the nerves heal. 

Rupture 

A rupture typically results from excessive force or improper delivery techniques. This type of nerve injury is more severe than neuropraxia and involves a partial or complete tear in the nerves of the brachial plexus. It can lead to long-term or permanent impairment. Treatment varies based on the severity of the injury and can involve a combination of surgical and non-surgical approaches to restore as much function and sensation as possible. 

Avulsion 

An avulsion occurs when the nerves of the brachial plexus are completely torn from their attachment to the spinal cord, often due to extreme force or trauma. It is a severe injury because once these nerves are separated from the spinal cord, they cannot naturally reattach or regenerate, often leading to permanent loss of function, sensation, or even paralysis in the affected area, such as an arm or hand. 

Neuroma 

A neuroma is a type of nerve damage that occurs when the brachial plexus nerves sustain trauma, leading to scar tissue formation. Neuromas occur when injured nerve fibers attempt to heal but develop thick, tangled scar tissue around the injury site, blocking proper nerve signal transmission. This scar tissue, or neuroma, can press on the nerves, causing pain, weakness, and limited movement in the affected limb. 

A neuroma can result in long-term complications for the child, including reduced arm strength, limited mobility, and ongoing pain. In severe cases, surgical intervention may be required to remove the neuroma or attempt nerve grafting to restore function.  

Erb’s Palsy 

Erb’s Palsy is characterized by weakness or paralysis in the upper arm and shoulder, resulting from an injury to the upper nerves of the brachial plexus, typically during childbirth. This condition affects the muscles that control the shoulder, elbow, and, sometimes, the wrist, leading to a distinctive set of symptoms such as weakness, loss of sensation, or even partial or complete paralysis in the affected arm. Many children with Erb’s Palsy experience improvement with early intervention and therapy, while others may require surgery for more severe injuries. 

The Importance of Early Diagnosis and Treatment for Brachial Plexus Injuries 

Early diagnosis is critical for improving outcomes in brachial plexus injuries because it allows for timely interventions that can significantly impact nerve healing and function.  

As noted, brachial plexus injuries vary widely in severity, from temporary neuropraxia to severe nerve ruptures or avulsions, each requiring different levels of care. Identifying the injury early enables healthcare providers to assess its severity and create an appropriate treatment plan to prevent long-term complications. 

• Prevention of Muscle Atrophy and Joint Stiffness: When nerves are damaged, the muscles they control can weaken and even atrophy without proper movement. Early intervention, such as physical or occupational therapy, keeps the affected muscles active, preventing joint stiffness and maintaining range of motion. 
• Better Nerve Regeneration Potential: Nerves heal slowly and regenerate approximately one inch per month. For more severe injuries, early surgical interventions like nerve grafts or transfers can restore nerve connections, increasing the chances of functional recovery. Delayed diagnosis can mean missed opportunities for effective surgery as nerve tissue deteriorates. 
• Improved Pain Management: Brachial plexus injuries can be painful, especially if nerve damage is severe. Early diagnosis allows doctors to manage pain appropriately and avoid chronic pain conditions that can develop if left untreated. 

Common Causes of Brachial Plexus Injuries 

Brachial plexus injuries often result from the following: 

• Excessive Traction or Force: Applying excessive force when extracting the baby, especially if the baby is larger or in an awkward position, can increase the risk of rupturing the delicate nerves. This is more common if the delivery team does not use appropriate methods to manage a challenging delivery. 
• Misuse of Delivery Instruments: The improper use of tools like forceps or vacuum extractors can contribute to excessive pressure on the baby’s head or neck, leading to nerve damage. If these tools are not used correctly or at the appropriate time, the risk of a brachial plexus rupture increases. 
• Inadequate Training or Failure to Follow Protocols: If the medical team lacks the necessary training to handle complications like shoulder dystocia or fails to follow established protocols, they may inadvertently apply inappropriate techniques that put excessive stress on the baby’s brachial plexus. 
• Excessive Traction on the Baby’s Head or Neck: When medical providers use too much force during a difficult vaginal delivery, especially when trying to free a stuck shoulder, this can overstretch and tear the brachial plexus nerves from the spinal cord. 
• Inappropriate Maneuvering in Shoulder Dystocia: Shoulder dystocia requires skilled and careful handling to avoid injury. If the healthcare provider fails to use accepted maneuvers or applies improper techniques, it can lead to severe nerve damage, including avulsion.
• Delayed Decision for Cesarean Section: When risk factors for complications such as shoulder dystocia are present, a cesarean section may be the safer delivery method. If medical professionals fail to recognize the need for a C-section in high-risk cases, the baby may be exposed to forceful maneuvers during a vaginal delivery, leading to an increased risk of injuries. 

Legal Aspects of Brachial Plexus Injuries: Establishing Liability 

Brachial plexus injury causes may include excessive force or improper handling during delivery. In certain cases, a brachial plexus birth injury could have been prevented if a healthcare provider had recommended or performed a cesarean section instead of a vaginal delivery. When healthcare providers’ actions contribute to these injuries, they may be held liable.   

If your baby has been diagnosed with a brachial plexus injury, you may have grounds to file a lawsuit against the doctor and/or hospital to seek financial compensation for medical expenses, ongoing care, and related costs. However, to succeed in your claim, these key elements must be proven: 

• Provider-Patient Relationship: A provider-patient relationship must exist, establishing the duty of care owed by the healthcare provider to the patient. 
• Breach of Duty of Care: The healthcare provider breached their duty of care by providing treatment that failed to meet the expected standard of care.
• Causation: The breach of duty directly caused injuries to the infant, resulting in brachial plexus injuries. 
• Damages: The injuries sustained by the infant lead to damages, such as pain and suffering, medical bills, and more. 

These elements form the basis for establishing liability in medical malpractice cases. Gathering evidence to support each of these elements is essential for building a strong case and seeking compensation for the harm suffered by the baby and their family. 

Compensation Available for Brachial Plexus Cases 

Total compensation a plaintiff may receive in a brachial plexus birth injury lawsuit is unique to each case. The severity of the injury, the long-term physical and psychological effects on the victim and their family, and the doctor’s or hospital’s degree of negligence all play a role.  

For those who have sustained permanent or long-term disability from a brachial plexus case and who will require continued care, compensation may reach $1 million or more. A New York birth injury lawyer will fight to recover the compensation you and your family need. 

Compensation for brachial plexus injuries may include: 

• Medical expenses, current and future
• Travel expenses for treatment
• Special equipment costs
• Occupational therapy
• Pain and suffering

How Our Brachial Plexus Birth Injury Lawyers Can Help 

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we understand that establishing medical negligence requires thorough evidence gathering. Our team starts by compiling a comprehensive account of the events surrounding the delivery, documenting every detail leading up to, during and after childbirth. 

We will gather witness testimony from individuals present during childbirth and conduct a meticulous review of medical records to identify any deviations from the standard of care and potential acts of negligence. This involves analyzing prenatal care records, labor and delivery notes and postnatal care documentation. We handle each case with individualized attention and employ experts in their respective fields to help build a strong case. 

While most brachial plexus injury lawsuits are settled before trial, we are fully prepared to take your case to court if a fair settlement cannot be reached. Whether through negotiation or litigation, our goal remains the same: to ensure that you receive the compensation you rightfully deserve for the harm and losses you have endured. You can trust our experienced team to handle your case with diligence, expertise, and dedication.  

Steps to Building a Strong Brachial Plexus Injury Case  

As noted, building a strong brachial plexus injury lawsuit in New York involves gathering comprehensive evidence, meeting specific legal standards, and effectively demonstrating that medical negligence caused the injury. Brachial plexus injuries, often resulting from complications during childbirth, can lead to significant lifelong disabilities. Trust a New York brachial plexus injury lawyer to leverage their resources and skills to prove a healthcare provider’s negligence by obtaining the following: 

Expert Testimony

• Medical Experts: A crucial part of the case involves hiring qualified medical experts who specialize in obstetrics, pediatrics, or neurology to testify on the standard of care and explain how the provider’s actions deviated from it. They can also explain how this deviation caused the injury. 
• Life Care Planners: These experts can outline the long-term needs of the child, including medical care, therapy, assistive devices, and potential future surgeries. 
• Economic Experts: These experts can project future medical expenses, loss of earning potential, and other economic damages to quantify the financial impact. 

Document Damages

• Medical Bills and Treatment Costs: Document all costs associated with the injury, including surgeries, physical therapy, occupational therapy, and other rehabilitation expenses. 
• Proof of Long-Term Care Needs: Gather evidence of ongoing care needs, such as special education, adaptive equipment, or home modifications required due to the injury. 
• Impact Statements: Statements from parents, caregivers, or other family members can help illustrate the emotional and practical impact of the injury on the child’s life. 

Legal Considerations Specific to New York

• Certificate of Merit: New York law requires a Certificate of Merit from a medical expert, stating that the expert has reviewed the case and believes there is a reasonable basis for filing the lawsuit.

Demonstrate the Severity of the Injury

• Types of Brachial Plexus Injuries: Identify the type of brachial plexus injury (e.g., Erb’s Palsy, Klumpke’s Palsy, total plexus palsy) and its severity. Show how the injury affects the child’s daily life, including any limitations in mobility, strength, or ability to perform basic tasks. 
• Prognosis and Future Impact: Highlight the long-term impact of the injury, including possible surgeries, therapy, and permanent disability. 

Process of Settling a Brachial Plexus Injury Lawsuit

Settling a brachial plexus injury lawsuit involves several stages, each designed to assess the case’s merit, establish liability, and determine fair compensation.  

The process begins with a free consultation with our attorneys. During this stage, we will evaluate the details of the injury, medical records, and circumstances of the injury to determine if there is evidence of negligence. We will also assess the case’s potential value based on the severity of the injury, expected medical costs, pain and suffering, and future impacts on quality of life.  

For example, if the injury results in permanent impairment or lifelong care needs, the settlement tends to be higher to cover future medical expenses, therapy, and adaptive needs. If the injury affects the child’s future earning capacity, settlements may account for lost potential income. 

If the case proceeds, we will file a lawsuit on your behalf against the responsible party, typically the healthcare provider, hospital, or medical staff involved. This step initiates the formal legal process and outlines the claim and damages being sought. 

Settling a brachial plexus injury lawsuit can take several months to a few years, depending on the case’s complexity. Settlement amounts for serious brachial plexus birth injuries vary significantly based on the severity of the injury, the impact on the child’s life, and the degree of medical negligence involved.  

However, typical settlements for severe cases, such as those involving permanent disability or requiring multiple surgeries, can range from $500,000 to several million dollars. Our team can provide realistic expectations, help navigate the process, and work to secure compensation that adequately addresses the financial, physical, and emotional impact of the injury. 

How Long Do I Have to File a Claim? 

Medical malpractice claims are subject to statutes of limitations, which impose time limits on filing lawsuits. In most cases of medical malpractice, plaintiffs have only two and a half years from the date of the occurrence; however, in the cases of birth injuries parents have up to 10 years to file a claim. Regardless, it is important to act quickly or else one risks losing crucial evidence. 

Contact Us for a Case Evaluation

With our experienced team of brachial plexus injury lawyers, we have a proven track record of success in litigating and settling birth injury lawsuits. Over the years, we have recovered millions in settlements and verdicts for our clients who have suffered from birth injuries, including brachial plexus injuries.   

If your child has suffered due to shoulder dystocia or nerve damage resulting from birth complications, and you feel medical negligence played a role, we can help you explore your legal options. Please contact us today online or by calling 212-684-1880 to speak with an experienced New York birth injury attorney. You owe us nothing unless we win your case.