Brachial Plexus Injuries Lead to Medical Malpractice Lawsuits

Injuries sustained during childbirth can have devastating consequences that can last a life time. While cerebral palsy and traumatic brain injury are more common types of birth injuries, brachial plexus injuries — or shoulder trauma — are also not uncommon. Any of these traumas can be grounds for filing a medical malpractice lawsuit.

A brachial plexus injury can occur throughout life, but when it happens at birth it is called obstetric brachial plexus injury. Obstetric brachial plexus injuries tend to happen when the shoulders gets stuck during birth, requiring manipulation to pass through the birth canal. This birth injury happens in about 1.5 cases per 1,000 live births in the United States, compared to cerebral palsy’s 2 cases per 1,000 live births.

The brachial plexus is a group of spinal nerves that control and receive signals from the arm. These nerves connect to the spinal cord in the neck, and are a major part of the peripheral nervous system. During birth, damage can occur to the brachial plexus, which can manifest a number of ways depending on which specific structure has been damaged and how severe the damage is. 

Damage can manifest a number of ways and can include palsies, like Erb’s palsy. Erb’s palsy includes numbness, paralysis and atrophy of the afflicted limb. The arm generally hangs by the side, with the thumb rotated out from the body. Patients with Erb’s palsy cannot flex their elbow or bring the damaged arm up. In obstetric cases, the arm tends to suffer from stunted growth and atrophied muscles. Additionally, the circulatory structures often fail to fully develop in the arm, making it difficult to regulate the arm’s temperature, particularly in cold weather. Additionally, the damage to the arm leaves it more prone to serious infection, similar to peripheral neuropathy in diabetics. 

Another common manifestation of brachial plexus injury is Klumpke’s Paralysis. In this syndrome, the hand and forearm become paralyzed and generally adopt a “claw” posture. This form is relatively rare compared to the more common Erb’s palsy, but still affects hundreds of thousands of Americans. 

In the various forms of brachial plexus injuries, very minor cases may heal on their own. However, moderate injuries to this bundle of nerves require surgical intervention if there is any hope of recovery. And major cases are rarely correctable. 

Medical malpractice lawsuits have been filed against physicians involved in birth injury cases. Such birth injury lawsuits allege that physicians’ negligence during the child’s birth contributed to injuries like traumatic brain damage or cerebral palsy. These cases seek to recoup the costs of medical costs and lost earning potential for individuals who suffer from these lifelong conditions.