When your newborn suffers a brachial plexus injury during birth, your world changes in an instant. These nerve injuries can affect your child’s ability to move their arm, shoulder, or hand for months, years, or even permanently. At Willens & Baez Personal Injury Lawyers, we understand the emotional toll and financial burden these preventable injuries place on families.
The Chicago brachial plexus lawyers at Willens & Baez have secured over $33 million in birth injury settlements, including $12.25 million, $11 million, and $10 million verdicts for families whose children suffered preventable birth injuries. We fight to hold negligent medical providers accountable and help families secure the resources their children need for a lifetime of care.
Consult for free with our experienced birth injury attorneys at Willens & Baez. Call us today at (312) 957-4166. We don’t charge legal fees until we’ve recovered compensation for you.
Understanding Brachial Plexus Birth Injuries
The brachial plexus consists of a complex nerve network extending from the spinal cord, traveling through the neck and shoulder region to reach the arm and hand. These critical nerves are responsible for controlling both movement and feeling throughout the shoulder, arm, and hand areas. When these delicate nerves are stretched, compressed, or torn during childbirth, it causes a brachial plexus birth injury.
The American Academy of Orthopaedic Surgeons explains that brachial plexus injuries typically happen when excessive force is applied to pull or stretch the arm, which can occur during the birthing process. The severity of the injury depends on how much damage the nerves sustain.
Brachial Plexus Injury Statistics
Brachial plexus birth injuries are more common than many parents realize. Research published in Developmental Medicine & Child Neurology shows that brachial plexus birth injuries occur in approximately 0.9 to 1.1 per 1,000 live births in the United States. Meanwhile, the Boston Children’s Hospital reports that these injuries occur in one to three out of every 1,000 births, with many cases resulting from preventable medical errors. Even more concerning, research indicates that approximately 20% of children with brachial plexus birth injuries do not fully recover, according to brachial plexus neurology research.
Key statistics about brachial plexus injuries include:
- Erb’s palsy accounts for 45% to 50% of all brachial plexus injuries
- 20-30% of cases result in permanent disability.
- Shoulder dystocia, a condition in which a baby’s head is stuck during delivery, is the most established risk factor for birth brachial plexus injuries.
Types of Brachial Plexus Injuries
Not all brachial plexus injuries are the same. Understanding the type and severity of your child’s injury helps determine treatment options and long-term prognosis.
Erb’s Palsy (Upper Nerve Root Injury)
Erb’s palsy impacts the upper section of the brachial plexus network (affecting C5-C6 nerve roots). Children with Erb’s palsy typically have weakness in their shoulder and bicep muscles but retain some hand function. Erb’s palsy represents the most frequently occurring form of brachial plexus injury.
Extended Erb’s Palsy
This injury affects the C5-C7 nerve roots and impacts the shoulder, elbow, and some wrist function. It represents about 20% of brachial plexus injuries and often requires more intensive treatment.
Global Palsy (Total Brachial Plexus Injury)
The most severe form, global palsy affects all nerve roots (C5-T1). Children suffering from this condition experience complete loss of movement throughout their shoulder, arm, and hand. This accounts for approximately 20% of brachial plexus injuries and often results in permanent disability.
Klumpke’s Palsy
This rare injury affects the lower nerve roots (C8-T1) and primarily impacts hand and wrist function. It represents around 1% of brachial plexus injuries.
Horner’s Syndrome
Associated with the most severe injuries, Horner’s syndrome causes drooping eyelids, smaller pupils, and reduced facial sweating on the affected side. This indicates damage to the sympathetic nerve chain.
Common Causes of Brachial Plexus Birth Injuries
Most brachial plexus injuries occur due to complications during delivery, particularly when medical providers fail to follow proper protocols. The most common causes include:
Shoulder Dystocia
According to research published in the Paediatrics & Child Health journal, shoulder dystocia is the strongest risk factor for brachial plexus injury. Shoulder dystocia happens when the infant’s shoulder gets trapped against the mother’s pelvic bone following delivery of the head.
Excessive Traction During Delivery
When medical providers apply too much force to the baby’s head and neck during difficult deliveries, it can stretch or tear the brachial plexus nerves. Proper delivery techniques can prevent most of these injuries.
Improper Use of Delivery Instruments
Forceps and vacuum extractors can cause brachial plexus injuries when used improperly or with excessive force. Studies show that instrumental deliveries occur in 41% of brachial plexus injury cases, four times higher than normal delivery rates.
Failure to Perform Timely C-Section
Many brachial plexus injuries could be prevented with timely cesarean sections when risk factors are present. Delaying necessary surgical delivery often leads to complicated vaginal births and nerve injuries.
Risk Factors for Brachial Plexus Injuries
Several factors increase the likelihood of brachial plexus injuries during birth:
Maternal Risk Factors
- Diabetes during pregnancy
- Excessive weight gain
- Previous history of shoulder dystocia
- Small pelvic size.
Fetal Risk Factors
- Macrosomia (birth weight over 8 pounds 13 ounces)
- Breech presentation
- Post-term pregnancy.
Labor and Delivery Risk Factors
- Prolonged second stage of labor (over 61.5 minutes)
- Use of oxytocin
- Tachysystole (excessive uterine contractions).
Medical research found that when five risk factors are present, the probability of brachial plexus injury can reach 95%.
Symptoms and Diagnosis
Brachial plexus injuries are often apparent immediately after birth. Common symptoms include:
- Lack of movement in the affected arm or hand
- Arm hanging limp against the body
- Weak or absent grip
- Loss of sensation in the arm or hand
- Unusual arm positioning.
Healthcare providers typically diagnose brachial plexus injuries through physical examination and may order additional tests such as:
- MRI scans to assess nerve damage
- EMG (electromyography) to measure nerve function
- CT myelography to evaluate nerve root avulsions
- X-rays to rule out fractures.
Treatment and Recovery
Treatment for brachial plexus injuries varies based on the severity and type of nerve damage:
Conservative Treatment
Mild injuries may recover with physical therapy and range-of-motion exercises. About 80% to 90% of children with mild injuries recover most or all function within the first few months.
Surgical Intervention
More severe injuries often require surgical repair, including:
- Nerve grafting to bridge torn nerves
- Nerve transfers to restore function
- Tendon transfers to improve movement
- Joint fusion for stability.
The Johns Hopkins Medicine notes that surgical outcomes are best when performed within six months of injury.
Long-term Rehabilitation
Many children require ongoing physical therapy, occupational therapy, and specialized equipment throughout their lives.
How Medical Negligence Leads to Brachial Plexus Injuries
While not every brachial plexus injury stems from medical negligence, a significant number do occur due to preventable medical errors. Medical malpractice may be involved when healthcare providers:
- Fail to recognize risk factors for shoulder dystocia
- Apply excessive force during delivery
- Misuse delivery instruments
- Delay necessary cesarean sections
- Fail to properly manage shoulder dystocia
- Don’t follow established delivery protocols
Our experienced Chicago birth injury lawyers work with medical experts to determine whether preventable medical errors caused your child’s injury.
Compensation for Brachial Plexus Injuries
Families dealing with brachial plexus injuries face significant expenses throughout their child’s life. Compensation in successful cases may include:
Medical expenses:
- Emergency treatment costs
- Ongoing physical therapy
- Surgical procedures
- Assistive devices and equipment
- Future medical needs.
Economic losses:
- Lost wages for parents providing care
- Reduced earning capacity for the child
- Home modifications for accessibility
- Special education costs.
Non-economic damages:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Disability and disfigurement.
The value of each case depends on the severity of the injury, long-term prognosis, and impact on the child and family’s life.
Why Choose Willens & Baez Personal Injury Lawyers
When your child suffers a preventable birth injury, you need attorneys with the experience and resources to take on large hospitals and insurance companies. Here’s why families throughout Chicago trust Willens & Baez Personal Injury Lawyers:
Proven Track Record in Birth Injury Cases
Our firm has secured over $33 million in birth injury settlements and verdicts, including:
- $12.25 million birth injury settlement
- $11 million birth injury settlement
- $10 million birth injury settlement.
These results demonstrate our ability to handle complex medical malpractice cases and secure fair compensation for injured children and their families.
Led by Experienced Attorney Matthew Willens
Attorney Matthew Willens brings decades of experience handling complex birth injury cases. His deep understanding of medical procedures, standards of care, and the long-term needs of children with disabilities makes him a formidable advocate for families.
Comprehensive Case Investigation
We work with leading medical experts, including neonatologists, neurologists, and rehabilitation specialists, to thoroughly investigate your case and build compelling evidence of negligence.
No Initial Fees Required
Our firm operates on a contingency fee structure, which means you won’t pay any attorney fees unless we successfully obtain compensation for your family.
Individualized Client Care
We recognize that each family faces distinct circumstances and challenges. Our legal team delivers customized service and maintains regular communication with you during every phase of the legal proceedings.
The Legal Process for Brachial Plexus Injury Cases
Pursuing a brachial plexus injury claim involves several important steps:
Case Evaluation
Our attorneys review your medical records, interview witnesses, and consult with medical experts to determine whether malpractice occurred.
Filing the Lawsuit
If we identify negligence, we file a formal lawsuit against the responsible parties, which may include doctors, nurses, hospitals, or birthing centers.
Evidence Gathering Phase
During this stage, all parties share relevant information and documentation. We take depositions from medical providers and gather expert testimony.
Reaching Settlement Agreements
Most cases reach resolution through negotiated settlements. Our attorneys fight for fair compensation that covers your child’s lifetime needs.
Trial
If settlement negotiations fail, we’re prepared to take your case to trial and present your story to a jury.
Time Limits for Filing Claims in Illinois
Illinois law typically provides a two-year window from when the injury is discovered to initiate a medical malpractice lawsuit. Birth injury cases, though, have unique provisions that could potentially extend this timeframe. Speaking with a qualified attorney without delay is essential to safeguard your legal rights.
Taking Action After a Brachial Plexus Injury
If your child suffered a brachial plexus injury during birth, time is critical. Early legal action helps preserve evidence and protects your family’s rights. Here are important steps to take:
- Keep detailed medical records of all treatments and therapies.
- Document your child’s condition with photos and videos.
- Save all medical bills and expenses related to the injury.
- Contact an experienced birth injury lawyer immediately.
Contact Our Chicago Brachial Plexus Lawyers
Don’t let a preventable birth injury derail your child’s future. The top-rated birth injury attorneys at Willens & Baez Personal Injury Lawyers have the experience, resources, and commitment to fight for your family’s rights. Our track record includes over $33 million in birth injury settlements, proving our ability to secure the compensation your child needs for a lifetime of care.
Reach out to us now for a complimentary case evaluation. We’ll review your case, explain your options, and help you understand whether medical negligence played a role in your child’s injury. Contact us at (312) 957-4166 or complete our web-based contact form to arrange your no-cost case review.
Keep in mind, you owe us nothing unless we achieve a successful outcome in your case. Let our experienced Chicago brachial plexus lawyers fight for the justice and compensation your family deserves.
