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Birth Injuries Brachial Plexus Injuries
Request a Free ConsultationHolding your newborn child in your arms is among the most miraculously happy moments in a parent’s life. All the months of reading, shopping, weird food cravings, and preparing for the baby’s arrival are finally behind you.
For most new parents, the joy is backed by worry—and sometimes fear. Usually such fears are unfounded, but occasionally something goes wrong during the birth, injuring the baby. Sometimes, usually in the case of a prolonged or difficult vaginal birth, a newborn can suffer damage to the brachial plexus nerves—the nerves around the shoulder.
Some insurance plans may not cover physical therapy, which can leave families on the hook for unexpected medical expenses. Coupled with the expenses of birth as well as prenatal and post-partum care, the affected newborn’s additional medical expenses can quickly swallow up a family’s savings.
If your child’s birth injury was caused by the negligence of a healthcare professional, it’s in your best interest to find an experienced birth injury attorney to advocate for you and your family. The legal team at WKW is here to help you build a strong medical malpractice case. From gathering medical records and finding expert witnesses to negotiating a fair settlement or representing you in court, we’ll be with you every step of the way.
A brachial plexus injury is one of the most common types of birth injuries, affecting thousands of infants born each year. The brachial plexus is a bundle of nerves that runs through the shoulders to the arm, and injuries occur when damage is done to nerves around the shoulder known as the brachial plexus nerves. This injury typically happens during delivery when the baby’s shoulder gets stuck and the brachial plexus is stretched.
The term “Erb’s palsy” may also be used, but Erb’s palsy only describes injuries to the shoulder and elbow nerves, while brachial plexus palsy describes injuries to all of the brachial plexus nerves. These injuries are typically tested for with motor evaluations, Moro reflex tests, or a physical examination.
Because brachial plexus injuries involve nerves around the shoulder, the symptoms mostly concern the infant’s movement. The symptoms, which can vary in severity depending on the extent and cause of your child’s injury, become apparent immediately or shortly after birth and can include the following:
Risk factors for a newborn brachial plexus injury include the following:
While a cesarean birth carries less risk of this type of birth injury, it does not prevent it—and it carries its own set of risks for both mother and infant.
These risk factors often result in the following conditions, which can cause injury to the brachial plexus nerves:
While every situation is unique, the prognosis for brachial plexus injuries is generally good. Most babies fully recover within six months with prompt diagnosis and treatment. Milder brachial plexus injuries can be remedied with physical therapy and daily massages and exercises to repair the damaged tissues. Proper treatment could make the injury clear up and give your child full use of their damaged arm, hand, or wrist. There are fewer studies done on those who don’t heal within three to six months, and their prognosis is unclear.
In more extreme or severe cases, surgery is also available as a possibility. Nerve grafts or transfers and other procedures could help restore full or partial use of the affected area.
The surgical option is generally considered as an option in severe cases that don’t heal after three months—if an injury doesn’t clear up with physical therapy and massaging alone. There are risks involved with surgery and medication like there would be in any medical procedure, and physical therapy would still be required afterward.
Randy Erickson2024-08-16 Our Father died from a fall due to negligence at the facility he was at for rehab. Our family is grateful for Kent Winingham and Maria Dicken for their support and dedication to our case. Kent has a thorough knowledge of Indiana laws and prepared a successful case. They answered all of our questions and kept us informed during the entire process. Our family would highly recommend WKW. Rachael Stone2024-07-16 Kent and Maria were absolutely amazing to work with!!! You can tell that they genuinely care about you and your family and the case. They take time to explain everything to you in words that you will understand. And they did AMAZING with our case and fought hard for our family and won. Thank you so much for all you guys did for our family, especially in a time of sadness!!! I highly recommend Wilson Kehoe Winingham you definitely will not be disappointed at all! DAVID RUSSELL2024-07-12 “ Kent Winingham and his Paralegal Angie were there to assist my Son and I throughout the entire process from start to finish in two different cases. Kent and his staff helped us navigate the unique challenges that presented themselves in these particular cases. Kent and his staff was thorough, diligent, and professional, handling our cases in a timely manner. Kent and his staff were patient with us and communicative at all times, involving us in every step. I highly recommend Atty. Kent Winningham and his staff at Wilson Kehoe Winingham. Ron Bryan Sr2024-06-04 Nice people to talk to and work with. Would recommend to anyone needing a good law firm. Michael Lennartz2024-06-03 The whole team at WKW worked tirelessly to help us receive compensation after an auto accident. Bill Winingham personally visited us in Lafayette to talk about the case and contacted us after hours several times to discuss issues. Our paralegal, Cynthia, was wonderful as she helped us gather all the information needed to provide evidence in our case. Additionally, as the case unexpectedly dragged on, everyone at WKW continued to be patient and optimistic as we finally worked towards a successful outcome in our case. Jennifer Peterson2024-03-26 After suffering a life changing work related injury, I was left with no other choice than to reach out to an attorney to assist me with getting financial assistance for my past and future medical bills. The first attorney I worked with in Massachusetts stated they would be able to assist me with my case but ultimately stated it was in my best interest to reach out to a law firm in the state where the accident took place. So I had to start researching the Indianapolis area and spoke to a few attorneys who stated that they didn't feel I had a good case and therefore couldn't assist me. Finally after almost giving up hope, I was referred to Wilson Kehoe Winingham. I called and spoke with Bill Winingham and Jon Noyes who were expecting my call. They both listened to my story and immediately stated I did have a case and they would be happy to help. The process was long and I had to make a few trips to Indianapolis to meet with them and the judge but in the end they helped me. I always felt like they had my best interest at heart and gave me honest feedback at all times. I would highly recommend them and the firm if you ever find yourself in need a assistance. I can't say enough about them. Chelsea Moore2024-03-07 I was referred to use Kent Winingham for an injury I had suffered in an auto accident. I was nothing but pleased! Kent and his team went above and beyond to make sure that I got every penny I deserved! He was a great listener, great negotiator, and EXTREMELY prepared! If you find yourself needing legal help due to injury look no further than Kent Winingham! Thanks again Kent!
Medical negligence on the part of a healthcare professional, like a doctor or nurse, could cause a brachial plexus injury. These common examples of medical negligence could lead to brachial plexus injuries:
If your child was the victim of medical malpractice and suffered a brachial plexus injury, you deserve compensation to pay for your medical bills, lost wages, pain and suffering, and other expenses. An experienced lawyer is your best chance at getting a fair settlement or offer.
While brachial plexus injuries can be treated, it’s going to be a long and difficult process for everyone. Treatment options can be expensive, especially in cases where surgery is necessary, and insurance might not cover the medical expenses that you could incur.
Unexpected medical costs—on top of all the expenses that come along with proper medical care before, during, and after delivery—can devastate a family.
It’s possible that a doctor’s negligence led to your child’s brachial plexus injury. If you believe that this is what happened to your child, reach out to the Indianapolis Birth Injury Attorneys of Wilson Kehoe Winingham. We can help you and your family move forward and get help after an injury. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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