When shoulder dystocia occurs during delivery, families face devastating consequences. At Willens & Baez Personal Injury Lawyers, we understand the pain of watching your child suffer from birth injuries that could have been prevented. The Chicago shoulder dystocia attorneys at Willens & Baez have secured over $33 million in birth injury settlements, fighting for families whose lives changed forever in the delivery room.
For a free consultation with a trusted birth injury attorney in Chicago, contact Willens & Baez. We won’t charge legal fees until we’ve won for you. Call us today at (312) 957-4166.
Understanding Shoulder Dystocia
Shoulder dystocia occurs when an infant’s shoulder becomes trapped against the mother’s pelvic bone during birth. After the head emerges, the shoulders fail to follow naturally. This emergency requires immediate action from medical professionals to prevent serious harm to both mother and baby.
The condition occurs when the baby’s anterior shoulder becomes impacted against the mother’s symphysis pubis. Medical staff must use specific maneuvers to safely deliver the baby without causing injury.
How Often Does Shoulder Dystocia Occur?
Recent medical research shows shoulder dystocia affects approximately 1 in 150 vaginal births, with rates ranging from 0.15% to 1.7% of all deliveries. However, many cases go undiagnosed because doctors take preventive measures when they suspect complications.
Brachial plexus injuries occur in 2.6% to 40% of deliveries complicated by shoulder dystocia. The wide range reflects differences in how medical facilities report and diagnose these injuries.
Studies from major medical institutions reveal that more than 90% of brachial plexus injuries improve within six to 12 months. Unfortunately, around 10% result in permanent disability.
When Medical Malpractice Causes Shoulder Dystocia Injuries
Not all shoulder dystocia cases involve medical negligence. However, certain situations may indicate malpractice occurred:
- Failure to recognize risk factors: Doctors should identify high-risk pregnancies before delivery. Risk factors include gestational diabetes, previous shoulder dystocia, suspected large baby weight, and prolonged labor. When medical teams fail to recognize these warning signs, injuries can result.
- Improper response during emergency: When shoulder dystocia occurs, medical professionals must act quickly and correctly. Research shows that keeping head-to-shoulder delivery time under three minutes reduces the risk of neonatal injury.
- Excessive force during delivery: Applying too much traction or pulling force can cause severe nerve damage. Medical professionals should avoid excessive pulling along the baby’s spine, as this can result in permanent neurological injuries.
- Failure to perform cesarean section: In high-risk cases, doctors may need to recommend cesarean delivery. When medical teams fail to make this recommendation despite obvious risk factors, they may be liable for resulting injuries.
Types of Injuries From Shoulder Dystocia
Shoulder dystocia can cause several serious injuries to newborns:
Brachial Plexus Injuries
The brachial plexus is a network of nerves controlling arm and hand movement. When stretched or torn during difficult delivery, these injuries can cause:
- Erb’s palsy (affecting upper arm muscles)
- Klumpke’s palsy (affecting hand and wrist muscles)
- Global palsy (affecting the entire arm).
Bone Fractures
Difficult deliveries can result in broken bones, including:
- Clavicle fractures
- Humerus fractures
- Other arm and shoulder bones.
Oxygen Deprivation
When delivery takes too long, babies may suffer from lack of oxygen, potentially causing brain damage or other serious complications.
Long-Term Effects on Families
Shoulder dystocia injuries can have lasting impacts on children and families. Some children face:
- Limited arm and hand function
- Need for multiple surgeries
- Years of physical therapy
- Reduced quality of life
- Special education needs
Families often struggle with:
- Mounting medical bills
- Lost wages from caring for their child
- Emotional trauma
- Uncertainty about their child’s future
Why Choose Willens & Baez Personal Injury Lawyers for Your Shoulder Dystocia Case
Our Chicago birth injury attorneys have the experience and track record to handle complex shoulder dystocia cases. We understand the medical issues involved and work with top experts to build strong cases for our clients.
Proven Results in Birth Injury Cases
The Willens & Baez law firm has recovered significant compensation for families affected by birth injuries:
- $12,250,000 birth injury settlement
- $11,000,000 birth injury settlement
- $10,000,000 birth injury settlement.
These results demonstrate our ability to secure the compensation families need for lifelong care and support.
Medical Expertise
Head attorney Matthew Willens has extensive experience handling complex medical malpractice cases. Our team works with leading medical experts who can explain what went wrong during your child’s delivery and how it could have been prevented.
Personal Attention
We understand that every birth injury case is unique. Our attorneys take time to understand your family’s specific situation and develop a legal strategy tailored to your needs.
No Upfront Fees
Our firm applies a contingency fee system, which means you owe nothing unless we secure a victory in your case. This allows families to pursue justice without worrying about legal costs during an already difficult time.
Getting Compensation for Shoulder Dystocia Injuries
If medical negligence caused your child’s shoulder dystocia injuries, you may be entitled to compensation for:
- Current and future medical expenses
- Physical therapy and rehabilitation costs
- Special education and adaptive equipment
- Lost wages from caring for your child
- Pain and suffering
- Reduced quality of life
- And more.
The amount of compensation depends on the severity of injuries and their long-term impact on your child’s life. Our attorneys work with medical experts and economists to calculate the full value of your claim.
The Legal Process for Shoulder Dystocia Cases
Birth injury cases require thorough investigation and expert testimony. Our process typically includes:
- Medical record review: We examine all delivery records to understand what happened.
- Expert consultation: Medical experts review the case to identify malpractice.
- Investigation: We gather additional evidence and witness statements.
- Case filing: If malpractice occurred, we file a lawsuit on your behalf.
- Discovery: Both sides exchange evidence and take depositions.
- Settlement negotiations: We work to reach a fair settlement.
- Trial: If needed, we present your case to a jury.
Most birth injury cases settle out of court, but we’re prepared to take your case to trial if necessary to secure fair compensation.
Time Limits for Filing Shoulder Dystocia Claims
Illinois law sets strict deadlines for filing medical malpractice claims. Typically, you have two years from the date you became aware (or reasonably should have become aware) of the medical negligence to initiate legal proceedings.
For birth injury cases, the timeline can be complex. Some injuries aren’t apparent until a child is older. Don’t wait to contact an attorney. Early investigation often leads to stronger cases.
Contact Our Top-Rated Chicago Shoulder Dystocia Attorneys Today
If your child suffered injuries from shoulder dystocia during delivery, you deserve answers. At Willens & Baez Personal Injury Lawyers, our Chicago birth injury attorneys have the experience and proven track record to fight for your family.
With over $33 million recovered in birth injury cases, we know how to hold medical professionals accountable for preventable injuries. Our team understands the medical complexities of shoulder dystocia cases and works with leading experts to build strong claims.
Don’t let medical negligence go unpunished. Your child deserves the best possible future, and we’re here to help secure the resources they need.
Contact us at (312) 957-4166 today for your complimentary consultation. Our firm works on a contingency fee system, meaning you owe us nothing unless we succeed in your case.
