Brachial Plexus Birth Injuries

Brachial Plexus Birth Injuries: What Parents Need to Know

At Lupetin & Unatin, we are dedicated medical malpractice attorneys based in Pittsburgh and serving patients and their families throughout Western Pennsylvania. Our law firm focuses solely on representing patients and families who have suffered serious harm or loss due to medical negligence. One type of devastating injury we’ve seen in newborns is brachial plexus injury, often caused during childbirth. We have experience investigating and litigating these cases and fighting to hold negligent healthcare providers accountable. If your child has suffered a brachial plexus injury, we’re here to help you understand your legal rights and options.

The Brachial Plexus and Its Function?

The brachial plexus is a network of nerves that begins at the spinal cord in the neck and extends through the shoulder, arm, and hand. These nerves are responsible for:

• Controlling movement and sensation in the shoulder, arm, hand, and fingers.
• Allowing a child to lift, bend, and rotate their arm.
• Enabling touch, temperature, and pain sensation in the upper limb.

When functioning properly, the brachial plexus allows for normal use of the entire arm and hand. If the brachial plexus is damaged, it is possible for it to be repaired or even heal on its own, but this varies based on a variety of factors:

Mild injuries (neuropraxia) may heal on their own within weeks or months.

Moderate to severe injuries (involving nerve tearing or rupture) may require:

• Physical therapy
• Surgery such as nerve grafts or nerve transfers
• Occupational therapy

Some children never regain full function, especially if treatment is delayed or the initial injury is severe.

What Causes Damage to the Brachial Plexus?

Brachial plexus injuries during childbirth typically happen when there is excessive stretching or pressure on the baby’s neck and shoulder during delivery. Common causes include:

• Shoulder dystocia – when the baby’s shoulder becomes stuck behind the mother’s pelvic bone.
• Use of excessive force during delivery, particularly when using vacuum extractors or forceps.
• Improper handling of the baby during a breech (feet-first) delivery.
• Delayed decisions to perform a C-section when labor is not progressing safely.

While some brachial plexus injuries are unavoidable, medical malpractice occurs when the injury is the result of negligent medical care, such as:

• Failing to anticipate and plan for shoulder dystocia in high-risk deliveries (e.g., large babies, gestational diabetes).
• Applying excessive traction on the baby’s head or neck during delivery.
• Failing to perform a timely C-section when it was clearly indicated.
• Not properly managing labor or monitoring the baby’s positioning.

In these cases, the injury could have been prevented with appropriate care, and the providers may be legally responsible.

How Common Is a Brachial Plexus Injury?

Brachial plexus injuries occur in approximately 1 to 3 out of every 1,000 live births in the United States. While some of these injuries heal on their own, severe cases can result in lifelong disability. The outcome of a brachial plexus injury depends on the severity of the injury, but long-term effects may include:

• Limited movement or paralysis in the arm or hand.
• Muscle weakness and lack of coordination.
• Chronic pain or abnormal sensation.
• Deformities or abnormal growth of the affected limb.
• Emotional and developmental challenges from living with a physical disability.

Examples of Brachial Plexus Malpractice Cases

1. $2.9 million verdict – In New York, a jury awarded $2.9 million in a case where a baby suffered permanent brachial plexus injury due to shoulder dystocia. The obstetrician failed to follow proper delivery protocols.
   
   
2. $2 million settlement – A Michigan family received a $2 million settlement when their child sustained permanent arm paralysis due to delayed decision-making during delivery and excessive traction.
   
   
3. $1.7 million verdict – In Pennsylvania, a jury awarded damages to the family of a child with Erb’s palsy (a type of brachial plexus injury), finding the OB/GYN negligent in handling shoulder dystocia.
   
   

What To Do If Your Child Sustained a Brachial Plexus Injury and You Suspect Medical Malpractice

If your child has been diagnosed with a brachial plexus injury and you believe something went wrong during delivery, you should:

1. Request your medical records from the hospital and OB/GYN.
2. Get a second opinion from a pediatric neurologist, pediatric physical medicine and rehabilitation doctor, or orthopedic specialist.
3. Document everything—including your child’s symptoms, treatments, and any communications with healthcare providers.
4. Contact an experienced medical malpractice attorney to evaluate your case.

How Can Lupetin & Unatin Help?

At Lupetin & Unatin, we understand how overwhelming it is to deal with the aftermath of a birth injury. Our team can help by:

• Investigating your case with the help of medical experts to determine if malpractice occurred.
• Gathering and analyzing medical records and expert testimony.
• Filing a claim and negotiating with insurance companies.
• Taking your case to trial if necessary to secure justice and compensation.
• Helping you obtain the funds needed for your child’s medical care, therapy, and long-term support.

We are passionate about advocating for families whose lives have been changed by preventable medical mistakes. If you have questions or think you may have a case, email or call 1-412-281-4100 for a free case evaluation.

Your child deserves the best possible future. Let us help you fight for it.