Klumpkeā€™s Palsy (Brachial Plexus Palsy and Erb’s Palsy) Lawsuits: What You Need to Know

Klumpke’s palsy is a type of brachial plexus palsy that is often caused by a birth injury, which damage the nerves of the brachial plexus. The nerves of the brachial plexus run from the spine along the side of the neck and down the arms, and allow for movement and sensation in the arm and hand. However, when the nerves that reach a specific area of the lower arm (mostly the wrist and hand) are damaged, the resulting injury is known as Klumpke’s palsy. This is a type of brachial plexus palsy (also known as Erb’s palsy).

Causes and Types of Klumpke’s Palsy

The main cause of Klumpke’s palsy is damage to the nerves of the lower brachial plexus. The severity of the injury will depend on the type and extent of injury that has been sustained by the child. Nerve damage may occur when a nerve is over-stretched by pulling or twisting the baby’s arm, neck or shoulder during a delivery.

The resulting force experienced by the baby may lead to one of the following types of injuries:

Avulsion: This refers to a complete severing of the nerve from the spinal cord, which is the most serious type of injury that can occur. In some cases, these injuries lead to lifelong disabilities as they cannot be treated or repaired with surgery.

Rupture: This is a tear in the nerve, away from the spinal cord.

Neuroma: This refers to scar tissue that forms over a healed nerve, blocking the signal from the nerve to the brain.

Neuropraxia: This involves a stretched or damaged nerve, which is not actually torn. This may still cause problems with movement and sensation for the child.

What the Risk Factors and Symptoms?

Brachial plexus injuries (Erb’s palsy) are often seen in newborn children as a result of birth trauma and injury. The failure to monitor and assess a number of potential complications during pregnancy and childbirth heightens the risks of developing Klumpke’s palsy. These include:

ā€¢ A difficult or prolonged vaginal birth that leads to pulling and stretching of the nerves.
ā€¢ A baby that is in breech position (feet first) as opposed to head-first position.
ā€¢ A larger than average baby.
ā€¢ When the mother has diabetes.
ā€¢ Vaginal delivery with improper use of forceps, vacuum extractors or other birth-assistive tools.
ā€¢ Application of excessive force during delivery.

Children with Klumpke’s palsy may exhibit a number of symptoms including a limp lower arm and minimal arm or hand movement, poor reflexes, loss of sensation, paralysis, stiff joints, pain, muscle weakness and atrophy, and a claw hand with tightened fingers. Diagnosis is done through observation of symptoms. In some cases, doctors may use X-rays or other imaging to look for damage. Such testing can help confirm the diagnosis, determine the location of the damaged area as well as the severity of the injury.

Klumpke’s Palsy and Medical Negligence (Carelessness)

Most Klumpke’s palsy cases stem from birth injuries. In order to determine if your child was injured at birth, it is necessary to review medical and hospital records to see what doctors and other members of the medical team did during the labor and delivery process. If the team failed to spot warning signs or respond in a competent manner during the labor and delivery process, they may be held liable for medical negligence.

If you believe that your child’s injury was caused by medical negligence, it is important that you contact an experienced New York brachial plexus (Erb’s palsy) injury lawyer right away. You may be able to receive compensation for damages including all medical expenses including out-of-pocket costs for treatment such as surgery, medication and physical therapy; lost wages such as if a parent has to quit his or her job or work a reduced number of hours to care for the child; past and future pain and suffering; and future costs for the treatment and care of the child, and lost future wages that a child may not be able to earn.

Since Klumpke’s palsy can be permanent, it is important to secure compensation and ensure that your child is cared for in the long term. Compensatory damages from a Klumpke’s palsy lawsuit can help provide your child with financial security and quality of life.

Contacting an Experienced Lawyer

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. In a brachial plexus palsy (Erb’s palsy) case, one of our clients secured a $2,850,000 verdict 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 babyā€™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 Klumpke’s 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):

ā€¢ Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
ā€¢ Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
ā€¢ North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
ā€¢ Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
ā€¢ Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
ā€¢ Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
ā€¢ Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
ā€¢ Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
ā€¢ Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
ā€¢ Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
ā€¢ 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.

Other TOLL FREE phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES

Please visit us at: www.WORK4YOULAW.com