Brachial Plexus Birth Injury Lawsuit

Quick Answer

Filing a lawsuit for brachial plexus birth injury can hold negligent medical professionals accountable and help families access money for care. If your baby was harmed, you may be able to file a brachial plexus birth injury lawsuit. An experienced attorney can navigate the process on your behalf. Get a free case review to see if we can connect you.

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What Is a Lawsuit for Brachial Plexus Birth Injury?

A medical professional examines a baby's shoulder, checking for signs of a brachial plexus birth injury.A brachial plexus birth injury lawsuit is a personal injury claim filed against health care providers who are responsible for causing harm to a child.

Brachial plexus injuries happen when the nerves sending signals from the spinal cord to the shoulder, arm, and hand are damaged.

When damage to the brachial plexus nerves occurs, it can lead to serious complications like Erb’s palsy, a nerve injury that affects arm movement and strength.

Children with severe brachial plexus injuries may require long-term treatment and therapy. This can mean missed work for parents and unexpected financial strain.

Did you know

Recovering from a brachial plexus injury can take months, requiring frequent physical therapy visits, according to Johns Hopkins Medicine.

Filing a brachial plexus birth injury lawsuit allows you to pursue compensation to cover medical costs and support your child’s future.

The brachial plexus injury lawyers in our network have helped families nationwide recover over $962 million from birth injury lawsuits, including brachial plexus palsy cases.

Find out if they can help you seek the financial compensation and justice your family deserves.

Get a free case review right now.

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A free case review is the first step in pursuing compensation for you and your family.

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Brachial Plexus Birth Injury Lawsuit Compensation

The value of a lawsuit for brachial plexus birth injury depends on the severity of the baby’s condition and the level of care they received.

Cases of severe harm or obvious medical errors can result in brachial plexus injury settlements of over $1 million.

Our legal partners secured these brachial plexus birth injury lawsuit payouts:
  • $5 million to a Connecticut family impacted by the condition
  • $2 million for the family of a child with brachial plexus palsy
  • $975,000 on behalf of a 6-year-old boy with Erb’s palsy
  • $1 million to a family in New Jersey for nerve damage
  • $1.5 million for a Maryland family for brachial plexus damage
  • $2 million on behalf of a family in North Carolina
  • $4.5 million to the family of a child with Erb’s palsy in Illinois

You may be entitled to compensation, too, if your child’s brachial plexus injury was caused by medical negligence.

Get a free consultation with an experienced attorney to find out how much you might receive from a brachial plexus birth injury lawsuit.

Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you with a top brachial plexus injury lawyer near you.

Medical Malpractice and Brachial Plexus Birth Injuries

Birth injury medical malpractice happens when a health care provider, like a doctor or nurse, fails to give their patient proper care and causes harm.

For a brachial plexus injury, this usually means that the medical team made mistakes during childbirth that led to the child’s nerve injury.

Situations linked to preventable brachial plexus birth injuries include:
  • Applying excessive force or improper techniques during delivery
  • Delaying a cesarean section (C-section) when medically necessary
  • Failing to take timely action to guide a baby from the birth canal safely
  • Ignoring key risk factors, like maternal diabetes or large baby size
  • Mismanaging shoulder dystocia (shoulders get stuck after baby’s head delivers)
  • Misusing assisted delivery tools, like forceps or vacuum extractors
  • Overlooking signs of nerve injury, like abnormal arm movement

If your child’s condition happened because of medical negligence, you may be able to file a brachial plexus birth injury lawsuit.

Why File a Lawsuit for Brachial Plexus Birth Injury?

Filing a lawsuit for brachial plexus birth injury can help cover the cost of your child’s medical care and hold negligent providers accountable.

Reasons to file a brachial plexus birth injury lawsuit include:
  • Covering medical bills for physical therapy and other treatments for your child
  • Finding a sense of justice, knowing you fought for your child’s well-being
  • Holding at-fault medical providers responsible for the errors that caused the injury
  • Seeking relief for the physical and emotional pain you and your child are experiencing

If you’re uncertain about the cause of brachial plexus injury in your child, reach out to the team at the Birth Injury Justice Center.

We have experienced registered nurses on staff who can help you understand whether medical malpractice may have occurred. If our nurses feel your child’s injury could have been avoided, they can explain your options. This may include filing a brachial plexus birth injury lawsuit.

If you suspect you may have a case, connect with a nurse today.

There is no cost to speak with us and no obligation to move forward with a brachial plexus birth injury lawsuit.

Nurse Beth Carter

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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.

When Do I File a Brachial Plexus Birth Injury Lawsuit?

You should consider filing a brachial plexus birth injury lawsuit as soon as you suspect your child’s condition could have been prevented.

Acting quickly is necessary because there’s a strict deadline for filing lawsuits, called the statute of limitations. Once the timeframe in your case passes, you won’t be able to take legal action.

Each state has its own statute of limitations for filing birth injury cases. So, it’s critical to consult an attorney familiar with your state’s laws.

A skilled lawyer explains what deadlines apply. This helps ensure your brachial plexus birth injury lawsuit is filed on time.

Don’t wait to find out your family’s legal options — call us right now at (800) 914-1562.

Who Can File a Brachial Plexus Injury Lawsuit?

Families of children harmed by the condition may be able to file a brachial plexus birth injury lawsuit if medical negligence played a role.

Here’s who may qualify to file a lawsuit for brachial plexus birth injury:

  1. Parents: Primary caregivers who are directly affected
  2. Legal guardians: Individuals with legal responsibility for the child

When damage to the brachial plexus nerves occurs, it can lead to serious complications. This can include conditions like Erb’s palsy, Klumpke’s palsy, or Horner syndrome.

These injuries may require ongoing therapy, surgeries, or other costly treatments.

If you think medical negligence may have caused your child’s injury, you may be able to file a brachial plexus birth injury lawsuit.

Find out right now with a free case review.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

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Steps to Filing a Brachial Plexus Birth Injury Lawsuit

Filing a lawsuit for brachial plexus birth injury involves several key steps. Knowing what to expect can give you confidence as you navigate the challenges of your child’s birth injury.

Generally, these are the steps to filing a brachial plexus birth injury lawsuit:
  1. Free case review: Top lawyers offer free consultations to determine if you can file a lawsuit for brachial plexus birth injury. Get your free case review now.
  2. Collect evidence: Your legal team will gather key evidence to build your case. This may include medical records, witness statements, and expert opinions.
  3. File the lawsuit: Next, your lawyer will file your birth injury lawsuit in the correct court, ensuring any legal deadlines that apply to your case are met.
  4. Negotiate a settlement: Your attorney will negotiate with the other side to reach a birth injury settlement as quickly as possible.

If a settlement isn’t reached, your brachial plexus injury lawyer will continue fighting for your family in court.

However, most birth injury lawsuits settle out of court, providing families with quicker access to compensation and justice.

With an experienced birth injury attorney on your side, you can focus on caring for your child. Meanwhile, they can handle your brachial plexus birth injury lawsuit on your behalf.

File Your Brachial Plexus Birth Injury Lawsuit Today

The Birth Injury Justice Center understands that your child’s well-being is the top priority.

Filing a brachial plexus birth injury lawsuit can provide much-needed funds to cover your child’s medical expenses and treatment.

We’ve partnered with leading birth injury law firms that can help families in all 50 states.

If you qualify, our legal partners will:

  1. Evaluate your case to confirm your eligibility
  2. Handle all legal work and gather the necessary evidence
  3. Fight to secure the compensation your family needs

Our legal partners have secured more than $962 million for families affected by preventable birth injuries, and they may be able to help yours, too.

Call us right now at (800) 914-1562 or fill out our case review form to see if we can help you provide a brighter future for your child.

Brachial Plexus Injury Lawsuit FAQs

What is the brachial plexus birth injury lawsuit?

A brachial plexus birth injury lawsuit is a legal claim that families can file if they believe their child’s brachial plexus injury was caused by medical negligence during delivery.

This type of lawsuit seeks financial compensation to help cover medical expenses, therapy, and long-term care for the child.

If your child was injured at birth, a skilled lawyer can help you file a brachial plexus birth injury lawsuit.

Call us right now at (800) 914-1562 or Click to Live Chat to find out if we can connect you with a leading attorney near you.

How do you get compensation for a brachial plexus birth injury?

The first step to receiving compensation is filing a brachial plexus birth injury lawsuit against the health care providers responsible for your child’s injury.

A skilled attorney can help build and prove your case so you can get a maximum payout.

If you qualify, we can connect you with an experienced lawyer to help you file your brachial plexus birth injury lawsuit.

Get a free case review right now to see if we can connect you with a top attorney near you.

How are brachial plexus settlement amounts determined?

Settlement amounts from a lawsuit for brachial plexus birth injury are determined in several ways.

These 5 factors play a role in determining settlement amounts:

  1. Severity of the birth injury
  2. Medical expenses for care
  3. Impact on a child’s quality of life
  4. Level of medical negligence
  5. State laws where you’re filing a claim

It’s important to understand that settlement amounts vary. A skilled lawyer can help you secure the maximum payout for your brachial plexus birth injury lawsuit.

How much does it cost to file a brachial plexus injury lawsuit?

Brachial plexus injury lawsuits are usually filed on a contingency fee basis. This means that there are no upfront costs. You only pay legal fees if your lawyer secures compensation on your behalf.

Can I file a brachial plexus birth injury lawsuit without a lawyer?

While it’s possible to file a brachial plexus birth injury lawsuit without a lawyer, it is not recommended. These cases are complex and require legal expertise to navigate the process, gather evidence, and negotiate with insurance companies or medical providers.

An experienced birth injury lawyer can handle the legal work for you, increasing your chances of securing the compensation your child needs.

Call us right now at (800) 914-1562 to see if we can connect you to a top brachial plexus injury lawyer near you.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. American Academy of Orthopaedic Surgeons (AAOS). (2022, March). Brachial plexus injuries. Retrieved November 28, 2024, from https://orthoinfo.aaos.org/en/diseases–conditions/brachial-plexus-injuries/
  2. AAOS. (2023, August). Erb’s palsy (brachial plexus birth palsy). Retrieved November 28, 2024, from https://orthoinfo.aaos.org/en/diseases–conditions/erbs-palsy-brachial-plexus-birth-palsy/
  3. Johns Hopkins Medicine. (n.d.). Brachial plexus injuries. Retrieved November 28, 2024, from https://www.hopkinsmedicine.org/health/conditions-and-diseases/brachial-plexus-injuries
  4. National Institute of Neurological Disorders and Stroke. (2024, July 19). Brachial plexus injury. Retrieved November 28, 2024, from https://www.ninds.nih.gov/health-information/disorders/brachial-plexus-injury
  5. Sokolove Law. (2024, November 25). Brachial plexus injury lawsuits. Retrieved November 28, 2024, from https://www.sokolovelaw.com/birth-injuries/erbs-palsy/brachial-plexus-injury/