Brachial Plexus Injury and Erb's Palsy Cause Heartbreak Across United States

Kahn Gauthier Swick is investigating any brachial plexus injury or erb's palsy lawsuit on behalf of the parents of children who suffered brachial plexus injury or erb's palsy due to medical negligence during the birthing process. A brachial plexus injury or erb's palsy lawsuit can be brought against the doctors and nurses who participated in the brachial plexus injury or erb's palsy, and sometimes also the medical facility at which the brachial plexus injury or erb's palsy delivery took place. The parents' claims in the brachial plexus injury or erb's palsy assert that the defendants were negligent--that they failed to adhere to the standard of care that is required when assisting in a birth.

Brachial Plexus Injury Lawsuit

Brachial plexus injury, often called brachial plexus palsy, is one of the most common birth injuries. It occurs when the baby is pulled in such a way as to stretch or tear some or all of the five nerves that emanate from the brachial plexus nerve bundle and control the shoulders, arms and hands. Symptoms of a Brachial plexus injury may include a limp or paralyzed arm, lack of muscle control in the arm, hand, or wrist, and lack of feeling or sensation in the arm or hand. A child's brachial plexus injury disability depends on which nerves are injured and how severely they have been damaged. Brachial plexus injury is 10 to 20 times more common than spinal cord injury.

Most brachial plexus injury occur at birth. Approximately one or two babies out of every 1,000 born are affected.

There are four types of brachial plexus injury:

• Brachial plexus injury avulsion, the most severe type, in which the nerve is torn from the spine.
• Brachial plexus injury rupture, in which the nerve is torn but not at the spinal attachment.
• Brachial plexus injury neuroma, in which the nerve has tried to heal itself but scar tissue has grown around the injury, putting pressure on the injured nerve and preventing the nerve from conducting signals to the muscles.
• Brachial plexus injury neuropraxia or stretch, in which the nerve has been damaged but not torn. Neuropraxia is the most common type of brachial plexus injury.

Some brachial plexus injury may heal on their own. Many children improve or recover by three to four months of age. Treatment for brachial plexus injury includes physical therapy and, in some cases, surgery. The site and type of brachial plexus injury determine the prognosis. For brachial plexus injury avulsion and brachial plexus injury rupture injuries there is no potential for recovery unless surgical reconnection is made in a timely manner. For brachial plexus injury neuroma and neuropraxia injuries the potential for recovery varies. Most children with brachial plexus injury neuropraxia injuries recover spontaneously with a 90-100% return of function.

The upper trunk of the brachial plexus consists of the C5 and C6 nerve roots, which exit the spinal cord at the levels of the 5th and 6th cervical vertebra, respectively. The middle trunk consists of the C7 nerve root, which exits the spinal cord above the 7th cervical vertebra. The lower trunk consists of the C8 and T1 nerve roots, which exit below the 7th cervical and 1st thoracic vertebra, respectively.

Erb's Palsy Lawsuit

Erb's palsy refers to injuries of the upper trunk (and sometimes the middle trunk as well), affecting muscles around the shoulder and elbow, and Klumpke's palsy refers to injuries of the lower plexus, which affect muscles of the forearm and hand. Erb's palsy comprises approximately 60 percent, Klumpke's about 5 percent, and mixed (upper and lower trunk involvement) perhaps 35 percent of all brachial plexus injury.