A brachial plexus birth injury, which is also known as brachial plexus palsy or Erb’s palsy is an injury to the nerves of the brachial plexus, which occurs in one to three out of every 1,000 births in the United States. The brachial plexus is a complex network of nerves located between the neck and shoulders. These nerves control muscle function in the chest, shoulder, arms and hands as well as affecting feeling and sensation in the upper limbs.
What is a Brachial Plexus Birth Injury?
The nerves of the brachial plexus may be stretched, compressed or torn during a prolonged labor or difficult delivery. As a result, the child may loss muscle function or even suffer paralysis of the upper arm. Injuries may affect all or only part of the brachial plexus. For example, injuries to the upper brachial plexus may affect muscles of the shoulder and elbow while injuries to the lower brachial plexus can affect muscles of the forearm and hand.
Types of Brachial Plexus Injuries
Brachial plexus injuries are often categorized based on the type of nerve injury
and the pattern of the nerves involved. There are essentially four types of nerve injuries:
Stretched nerves: Also known as neurapraxia, this condition means the nerves of the brachial plexus have been stretched but not torn. The injury typically occurs outside the spinal cord.
Rupture: In these types of injuries, the nerve is torn, but not where it attaches to the spine. This injury also occurs outside the spinal cord and may require surgical intervention.
Avulsion: In these injuries, the nerve roots are ripped from the spinal cord, which means the injury occurs at the spinal cord. These injuries cannot be surgically repaired directly. The damaged tissue must be surgically replaced through nerve transfers.
Neuroma: This is when a nerve has tried to heal, but scar tissue has formed and presses against the injured nerve, interfering with nerve function. Surgical treatment with nerve reconstruction and/or secondary tendon transfers may be necessary.
Forms of Brachial Plexus Injuries
There are a few different types of brachial plexus injuries including:
Erb’s palsy: This is where the affected child experiences weakness involving the muscles of the shoulder and biceps because the upper portion of the brachial plexus has been injured.
Total plexus involvement: This represents about a third of brachial plexus injuries. In such cases, all five nerves of the brachial plexus are involved. Children may not have any movement at the shoulder, arm or hand.
Horner’s syndrome: In such cases, children exhibit symptoms such as drooping eyelid and diminished sweat production in part of the face. These children may have a more severe injury of the brachial plexus.
Klumpke’s palsy: It involves the lower roots of the brachial plexus. It typically affects the muscles of the hand.
Contacting an Experienced Lawyer
If your child has Brachial plexus palsy (Erb’s palsy), he or she may be able to receive compensation that helps pay for medical expenses, lost income, cost of therapy, future treatments, permanent injuries, disabilities, past and future pain and suffering, etc.
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $2,850,000 verdict in a brachial plexus palsy (Erb’s palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen many cases where New York City Health and Hospital Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospital Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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