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The brachial plexus is a bundle of nerves that runs from the neck through the shoulder and controls movement and feeling in the arm, forearm, and hand. Damage to these nerves during labor and delivery can lead to anything from temporary weakness to permanent paralysis.
The Law Offices of Sean M. Cleary has represented families throughout Miami and Florida whose children sustained birth injuries. If your child received a brachial plexus diagnosis after birth, reach out today for a free case evaluation.
Case EvaluationNeonatal brachial plexus palsy occurs in approximately 1 to 3 per 1,000 live births, making it one of the most frequently reported birth-related peripheral nerve injuries. These injuries exist on a spectrum determined by which nerves are affected and the severity of the damage:
The injury most commonly occurs during deliveries complicated by shoulder dystocia, an obstetrical emergency in which the baby's shoulder becomes trapped behind the mother's pubic bone after the head has already been delivered. A meta-analysis involving more than 29 million births found that shoulder dystocia increased the odds of neonatal brachial plexus injury by more than 115 times compared to uncomplicated deliveries.
Brachial plexus injuries do not occur without context, and the medical record of a delivery often tells a clear story about what risk factors were present and whether they were appropriately managed. Research consistently identifies fetal macrosomia, maternal diabetes, and instrument-assisted delivery using forceps or vacuum extraction as the factors most strongly associated with elevated risk of brachial plexus injury. Additional clinical risk factors include prolonged second stage of labor and breech presentation.
When these indicators appear in a prenatal or labor record, and the delivering provider failed to anticipate a difficult delivery or respond to shoulder dystocia with appropriate maneuvers, the resulting nerve injury may reflect a deviation from the standard of care. Excessive lateral or downward traction applied to a baby's head and neck during a difficult delivery is a recognized mechanism of brachial plexus damage in the medical literature.
Brachial plexus injuries are often apparent shortly after birth, though the full extent of nerve damage may take weeks or months to assess. If your newborn displayed any of the following signs after a difficult delivery, a birth injury evaluation is worth pursuing:
Recovery depends on the location and severity of nerve damage. While many infants experience substantial spontaneous recovery during the first year of life, approximately 10% to 30% develop some degree of permanent impairment. Severe injuries involving nerve root avulsion or rupture are unlikely to resolve without surgical intervention, and a significant portion of affected infants ultimately require microsurgical nerve repair or reconstruction.
For many children, regaining movement is only part of the picture. Research has documented lasting problems with shoulder rotation, elbow flexion, grip strength, and fine motor coordination that can carry into adulthood and make ordinary tasks harder. Other long-term complications such as chronic arm weakness, muscle imbalance, joint contractures and limb length differences often require ongoing medical care.
Families often face years of physical and occupational therapy, potential surgery during infancy, adaptive equipment, and continued monitoring throughout their child's development. When those needs trace directly back to how a delivery was managed, Florida law gives families a path to hold the responsible parties accountable.
Families pursuing a birth injury or medical malpractice claim in Florida related to a brachial plexus injury may be entitled to compensation for:
In cases where a birth injury results in the death of a newborn, a wrongful death claim may allow the family to recover for funeral expenses, medical costs incurred prior to death, and loss of companionship.
Brachial plexus injury cases require a close examination of what the prenatal and delivery records show: whether risk factors were identified, whether shoulder dystocia was anticipated and managed correctly, and whether the forces applied during delivery were within acceptable limits. We bring in obstetric and neurological experts who can work through that evidence and identify exactly where the standard of care was not met.
A brachial plexus injury that results from a preventable delivery error should not become a cost your family absorbs alone. Contact The Law Offices of Sean M. Cleary today for a free case evaluation, and attorney Sean M. Cleary will personally review the circumstances of your child's birth injury.
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