Brachial Plexus Birth Injury Settlements

Quick Answer

Brachial plexus birth injury settlements are awarded when medical mistakes during delivery cause harm to delicate newborns. This compensation helps families pay for medical expenses, ongoing care, and other essential needs. If your baby was harmed, you may be eligible for a brachial plexus birth injury settlement — get a free case review right now to find out.

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What Are Brachial Plexus Birth Injury Settlements?

A medical professional examines a child's arm, checking for signs of a brachial plexus birth injury.Brachial plexus birth injury settlements provide compensation to families of babies harmed by medical negligence. The money is meant to cover immediate expenses and long-term care needs.

During childbirth, brachial plexus injuries can occur if too much pressure is applied to a baby’s neck or shoulders, damaging the bundle of nerves responsible for moving the arm.

Without prompt and often extensive treatment, these injuries can result in lifelong challenges.

Because of this, many new parents face unexpected medical bills, missed work, and insurance that doesn’t fully cover treatment, making compensation critical for ongoing care. Brachial plexus birth injury settlements can help families manage these expenses.

Did you know

Our trusted legal partner secured $4.5 million for a family in Illinois after their child’s brachial plexus palsy due to medical negligence.

Settlements are usually reached out of court, sparing new parents the time and emotional strain of a trial. Working with an experienced brachial plexus lawyer can increase your chances of getting the compensation your family deserves.

The Birth Injury Justice Center works with top brachial plexus injury lawyers who can help families in all 50 states. Our legal partners have secured over $962 million for families affected by birth injuries, including brachial plexus injury.

If you believe your child’s condition could have been prevented, you may be able to pursue a brachial plexus birth injury settlement.

Get a free case review right now to see if we can help.

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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 Settlements and Verdicts

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

Cases of severe harm or extreme medical mistakes can result in payouts of over $1 million.

Our legal partners secured these brachial plexus birth injury settlements and verdicts:
  • $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 professional to find out how much you might receive from a brachial plexus birth injury settlement.

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 birth injury lawyer near you.

Brachial Plexus Birth Injury and Medical Malpractice

Brachial plexus birth injury settlements may be awarded when medical negligence during childbirth leads to complications like nerve damage or brachial plexus palsy.

Medical malpractice related to brachial plexus damage can occur when health care providers fail to manage delivery risks correctly.

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 large baby size or maternal diabetes
  • Mishandling shoulder dystocia (shoulders get stuck after baby’s head delivers)
  • Overlooking signs of nerve injury, like abnormal arm movement
  • Using delivery tools improperly, like forceps or vacuum extractors

If your baby’s condition could have been prevented, an experienced personal injury attorney may be able to help you pursue a brachial plexus birth injury settlement.

Get a free case review right now to see if we can connect you.

Can I Get a Brachial Plexus Birth Injury Settlement?

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

Here’s who may qualify to file brachial plexus birth injury settlements:

  1. Parents: The child’s primary caregivers who have been 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 like Erb’s palsy, a nerve injury that affects arm movement and strength.

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

Even if you’re unsure about the full extent of your child’s injuries, seeking legal advice early can help you understand your options for financial compensation.

If you have questions about whether you could have a legal claim, connect with one of our experienced registered nurses right now.

Talking to our team is free, and there is no obligation to move forward.

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

Steps to Pursuing Brachial Plexus Birth Injury Settlements

Securing a brachial plexus birth injury settlement involves several key steps. Understanding the legal process can give families confidence as they seek the support needed to navigate the challenges of a birth injury.

Generally, these are the steps to seek brachial plexus birth injury settlements:

  1. Free case review: Top lawyers offer free consultations to determine your eligibility for brachial plexus birth injury settlements. Get your free case review right 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 attorney will continue fighting for your family at trial.

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

With a skilled birth injury attorney on your side, you can focus on caring for your child while your legal team pursues the brachial plexus injury settlement your family deserves.

Factors That Affect Brachial Plexus Birth Injury Settlements

Several factors influence the amount of compensation families may receive from brachial plexus birth injury settlements.

These factors usually impact brachial plexus birth injury settlement amounts:
  • Extent of medical negligence during childbirth
  • Harm caused by brachial plexus injury and its long-term impact
  • Medical costs for treatments like surgeries or therapies
  • Pain and suffering experienced by the child and family
  • State laws, since regulations for lawsuits vary by location

The Birth Injury Justice Center partners with an extensive network of skilled attorneys. Our experienced legal partners can assess all costs and fight for a brachial plexus birth injury settlement to help cover your child’s treatment and recovery needs.

Get a free case review right now to find out if we can help your family.

Get a Free Case Review

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

Get a Free Case Review

Brachial Plexus Birth Injury Settlement Deadlines

Consider pursuing brachial plexus birth injury settlements as soon as you suspect your child’s condition could have been prevented.

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

Each state has its own deadline for filing birth injury cases, so it’s important to consult a local attorney familiar with your state’s laws.

A skilled birth injury lawyer can explain what deadlines apply to your family and ensure your lawsuit is filed on time.

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

Get Help Seeking a Brachial Plexus Birth Injury Settlement

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

A newborn brachial plexus birth injury settlement can provide essential funds to cover your child’s medical expenses and treatment needs.

We’ve partnered with experienced law firms who can help families in all 50 states.

If you qualify, our legal partners will:

  1. Handle the entire process on your behalf
  2. Ensure your family’s rights are protected
  3. Fight for the compensation you deserve

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 better future for your child.

Brachial Plexus Birth Injury Settlements FAQs

What is the average settlement for a brachial plexus injury?

The average birth injury settlement is over $1 million for severe harm.

However, brachial plexus birth injury settlements depend on factors like:

  • Extent of negligence
  • Long-term effects
  • Ongoing medical needs
  • Severity of harm

Experienced birth injury lawyers can review your case and let you know how much compensation you might receive. These attorneys work to get you the maximum amount allowed by law.

Do I qualify for a brachial plexus birth injury settlement?

You may be eligible for a settlement if your baby’s brachial plexus injury was due to medical negligence during childbirth.

Compensation from a settlement can help cover medical expenses, therapy, and long-term care costs.

The Birth Injury Justice Center works with top attorneys across the country who can help families in all 50 states. If you are entitled to a brachial plexus birth injury settlement, they may be able to help.

If your child was harmed, call us right now at (800) 914-1562 to see if we can connect you.

How much does it cost to seek a brachial plexus birth injury settlement?

Most birth injury lawyers work on a contingency fee basis and do not charge any upfront or hourly fees for their services. Your legal team only gets paid if they secure compensation for you.

Does a brachial plexus injury qualify for disability?

Yes, in some cases, a brachial plexus injury may qualify a child for disability benefits if the injury significantly limits their movement, strength, or ability to perform daily tasks.

Families may also be entitled to lawsuit compensation if the injury was preventable. An experienced attorney can help determine eligibility for both disability benefits and legal compensation.

Connect with us right now to find out if we can help.

Is newborn brachial plexus injury a doctor's fault?

Newborn brachial plexus injury isn’t always a doctor’s fault, but in some cases, it can result from medical negligence during delivery.

If excessive force, improper techniques, or a delay in necessary interventions contributed to the injury, the medical team may be held accountable.

Our team can help you determine whether malpractice played a role in your child’s injury.

Call the Birth Injury Justice Center right now at (800) 914-1562 to talk with one of our on-staff labor and delivery nurses for free about whether your child’s condition could have been prevented.

Can you sue a hospital for traumatic birth?

Yes, you may be able to sue a hospital if your child’s birth injuries resulted from medical errors or improper care during delivery.

A lawsuit could provide compensation for your child’s medical costs, ongoing care, and other related expenses.

Consulting an experienced medical malpractice attorney can help you understand your options and the best steps to take.

Get a free case review right now to find out if we can connect you with a skilled birth 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. Cleveland Clinic. (2022, January 23). Shoulder dystocia. Retrieved November 13, 2024, from https://my.clevelandclinic.org/health/diseases/22311-shoulder-dystocia
  2. Johns Hopkins Medicine. (n.d.). Brachial plexus injuries. Retrieved November 13, 2024, from https://www.hopkinsmedicine.org/health/conditions-and-diseases/brachial-plexus-injuries
  3. KidsHealth. (2022, April). Brachial plexus injuries in newborns. Retrieved November 13, 2024, from https://kidshealth.org/en/parents/brachial-plexus.html
  4. Sokolove Law. (2024, November 4). Brachial plexus injury lawsuits. Retrieved November 13, 2024, from https://www.sokolovelaw.com/birth-injuries/erbs-palsy/brachial-plexus-injury/