How Much Is a Brachial Plexus Lawsuit Worth?
A brachial plexus injury can be a devastating event, causing long-term and severe damage to an infant.
If you believe that your child's injury was caused by medical negligence, you may be able to file a lawsuit and receive compensation for your child's injuries.
At the Rosenfeld Injury Lawyers, LLC, law firm, we understand the severity of brachial injuries and are committed to helping our clients receive the maximum amount of compensation possible. We have successfully represented many clients in nerve plexus injury lawsuits and know what it takes to win these cases.
Contact our experienced Chicago birth injury attorney today to schedule a free, no-obligation consultation. All the confidential or sensitive information you provide to our legal team is private through an attorney-client relationship.
Most brachial plexus injury cases result from a stretch or separation of the head and neck from the shoulder. It is most common to infants born prematurely, but it can happen to any baby at any time.
The Brachial Plexus and Associated Injuries
The brachial plexus is a network of nerve roots from the spinal cord that acts as the nervous system to control most body movement.
A brachial plexus injury can be caused by stretching or tearing one or more nerve roots, trunks, divisions, or cords. Injuries to the brachial are the most tragic and devastating injuries during childbirth.
Often these injuries leave the parents devastated and create financial devastation for them.
Symptoms of Brachial Plexus
Symptoms of brachial nerve damage can vary widely depending on which segments or branches of the roots have been injured.
A common cause for a brachial plexus injury is a birth injury where, during delivery, too much force is applied to an infant's head and shoulder when pulled from the birth canal.
It can result in brachial nerve damage and lead to symptoms such as:
- Muscle weakness or paralysis (as a result of cerebral palsy due to brain injury)
- Loss of feeling or abnormal sensations in the right arm, forearm, and hand
- Shoulder pain and stiffness
- Arm pain
- Difficulty with activities of daily living
- Muscle atrophy or shrinkage
- Scar tissue formation (fibrosis) around the brachial plexus
Symptoms may also vary for each individual based on their unique medical history, the extent of the child’s injury, and treatments. The most common symptoms are weakness in the right arm, shoulder, and hand. Pain can also be present in any area due to spinal cord nerve damage.
These symptoms may require medical attention and extensive physical therapy leading to multiple surgeries and permanent disability in the child.
How the Brachial Plexus Gets Damaged
The head and shoulder of the baby may be pushed away from each other from the birth canal during childbirth, stretching the neck in the process. However, the stretching action might irritate the nerves that run through the neck.
The action of pushing away from each other also causes stress on the neck of the baby. In addition, it can cause "irritation of the brachial nerves." it would not be an issue when there is adequate space for movement.
However, it is possible that during delivery, an occasion may arise where there is not enough space for the baby's head and the mother's pelvis to pass through.
It can lead to brachial plexus nerve damage. It is called cerebral palsy when this happens and may lead to a weakness of the muscles in the arm associated with the spinal cord nerves. There may also be a decrease in the ability of these muscles to do their work.
There is a wide range of severity in brachial injuries. In some cases, there may only be a temporary loss of motion and function in the arm, which resolves itself with time. However, severe cases can have long-term effects that may require extensive surgeries, rehabilitation, and medical treatment.
Brachial Plexus Injury Due to Medical Malpractice
In many instances, a doctor delivering the baby caused the problem by disregarding sound medical judgment.
For example, there is usually no problem with allowing the mother to labor for a while before performing a cesarean section.
However, if labor begins, the doctor must take note of the risk factors and monitor the labor to know if the baby will be very large (fetal macrosomia) or if problems develop in the uterus due to scar tissue from previous surgery (C-section or myomectomy), and the doctor must take action immediately.
Unfortunately,medical malpractice litigation for brachial plexus injuries is extremely complex; because of the baby's position at birth, there is often very little to no severe damage done to the brachial plexus itself.
In addition, it makes documentation of the child’s injury extremely difficult due to a lack of physical evidence (i.e., MRI or X-ray pictures showing the brachial).
Consequently, you need to seek professional medical advice and hire expert attorneys who can give opinions on what might have been done at birth to avoid injury. For this reason, it is essential that infants with brachial plexus injuries, which are caused by obstetricians' negligence, receive the best medical care possible.
Brachial Plexus Settlement Value
If you or a loved one has suffered a brachial plexus injury during your child's delivery, it is important to be aware that there are legal options available.
Our firm has represented brachial injury victims against hospitals and obstetricians. As a result, we have obtained millions of dollars in the vast majority of verdicts and settlements.
If you're wondering what the usual settlement value of a brachial birth injury claim is and how much your kid's claim may be worth, it's a legitimate question to ask. With the assistance of a lawyer knowledgeable in birth injury claims, you may compile the evidence that will demonstrate that your child's condition is linked to his medical caretaker's actions or inaction.
It typically requires a thorough medical and health history, the testimony of an unbiased professional like a pediatrician or neurologist to discuss your child's prognosis, and records from the birth itself.
Once you have this information, we can build on it with our expertise in birth injury cases. We will take all this data and use it to help you determine what amount of money will help to provide for your child's future.
Settlement and Verdicts in Brachial Plexus Cases
On average, brachial injury claims are resolved favorably for the plaintiff with a settlement of around $2.0 million.
However, several verdicts or settlements were higher than this average during the past ten years. For example, the highest brachial case settled for $6.2 million, while a jury verdict in brachial birth injuries and brain injury case for $9.1 million.
These numbers show a range of possible outcomes for your claim. You will need to have an experienced lawyer representing you who can present the evidence of your damages in court or during negotiations. Brachial plexus birth injury claims are handled as medical malpractice cases in lawsuits.
An Example of a Brachial Plexus Injury Settlement
Brachial plexus injury lawsuits are among the most complicated medical malpractice cases. They require expert testimony to establish that an error occurred during your baby's birth.
There are several instances of parents receiving settlements for a disabled child that has suffered a brachial plexus injury. Some are modest, while others are significant. For example, in 2003, an Illinois family received one such case.
The parents of a young girl brought a medical malpractice claim seeking damages for their daughter. The baby was born with cerebral palsy due to excessive traction applied during the delivery.
The jury found that the hospital was negligent in not having a pediatrician on hand at all times and awarded the family $4.25 million, which included compensation for the young girl's transition to a life dependent on others, as well as for future medical expenses, pain and suffering, and mental anguish.
Talk to the Chicago Birth Injury Lawyers at Rosenfeld Injury Lawyers LLC for a Free Case Evaluation
At Rosenfeld Injury Lawyers LLC, we have handled numerous brachial injury cases and know that medical costs often mount quickly after a birth-related brachial plexus injury. It is why it is important to seek compensation for your child's long-term care needs as soon as possible.
Therefore, we provide our clients with the representation they need to settle their brachial lawsuit for the full value of your claim.
Contact our Chicago brachial plexus injury lawyers for a free case evaluation for more information about how much a brachial lawsuit is worth.
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Our team has the experience and knowledge to get you the money your child needs and deserves on a contingency fee basis.
Let us fight for you! Call (888) 424-5757 today for a free case evaluation with one of our brachial plexus lawsuit attorneys.