If your baby suffered from brachial plexus nerve damage during child birth, you may be entitled to recover compensation from a brachial plexus injury lawsuit case or settlement claim.
A team of birth injury lawyers and personal injury attorneys is investigating birth injury lawsuit cases and settlement claims involving babies who suffered brachial plexus nerve damage.
Brachial plexus injury (BPI or brachial plexus lesion) is an injury to the brachial plexus, a network (i.e., plexus) of nerves that form near the lower four cervical nerves (C5, C6, C7, C8) and 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 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:
- Upper Brachial Plexus Injury (Erb’s Palsy)
- Lower Brachial Plexus Injury (Klumpke’s Palsy)
- Total Brachial Plexus Palsy
- Bilaterial Injuries
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 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, particularly when excessive force is applied.
Neonatal Brachial Plexus Palsy Risk Factors
Numerous risk factors are associated with neonatal brachial plexus palsy (i.e., brachial plexus injuries that occur during childbirth) including:
- Fetal malposition
- Labor induction
- Labor abnormalities
- Operative vaginal delivery
- Fetal macrosomia
- Fetal depression
- Cephalo-pelvic disproportion
- Shoulder dystocia
- Mother’s weight
- Small or misshaped pelvis
- Gestational diabetes
- Slow dilation/descent
- Prolonged labor
- Forcep delivery
- Vacuum delivery
- Downward lateral traction applied by physician
- Bending of the fetus’ neck away from the anterior shoulder
Oftentimes, brachial plexus malpractice or negligence of obstetricians, orthopedists, pediatricians, family practitioners, doctors, physical therapists or other medical professionals may be to blame for a child’s injuries, 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, when there is a failure to perform a timely C-section, and the like.
Types of 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, occuring 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
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.
If your baby suffered from brachial plexus injuries at birth, you and your child may be entitled to recover compensation from a brachial plexus injury lawsuit case or settlement claim. Contact a birth injury lawyer to request a free case review.
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