The birth of your child should be one of the happiest moments of your life. When a brachial plexus injury happens during delivery, that joy can turn into worry about your baby’s future. If a preventable mistake harmed your child, a Cleveland brachial plexus injury lawyer can help you understand what went wrong and what your family can do next.
At Nurenberg, Paris, Heller & McCarthy, we have represented injured families across Ohio since 1928. Our Cleveland birth injury lawyers handle medical malpractice claims that involve brachial plexus injuries, and we can review your child’s medical records to help you learn whether negligence played a role. You can contact us for a free, confidential consultation whenever you are ready.
What Is a Brachial Plexus Injury?
The brachial plexus is a network of nerves that runs from the spinal cord through the neck and into the shoulder, arm, and hand. These nerves carry the signals that control movement and feeling in the upper limb. According to the Cleveland Clinic, damage to these nerves during birth is known as neonatal brachial plexus palsy, and it can cause weakness, loss of motion, or, in severe cases, permanent paralysis.
Brachial plexus birth injuries range from mild to severe, depending on how the nerves are affected:
- Erb’s Palsy: This is the most common form, and it affects the upper nerves that control the shoulder and upper arm.
- Klumpke’s Palsy: This less common injury affects the lower nerves in the forearm and hand, and it can cause a claw-like grip.
- Neuropraxia: The nerve is stretched but not torn, and it often heals on its own within a few months.
- Rupture: The nerve is torn but remains attached to the spinal cord.
- Avulsion: This is the most serious type, and it happens when the nerve root is torn from the spinal cord and cannot heal on its own.
- Neuroma: Scar tissue forms as a torn nerve heals, and it can block the nerve from sending signals.
What Causes These Injuries During Childbirth?
Brachial plexus birth injuries can happen when the baby’s neck or shoulder is stretched or pulled during delivery. Shoulder dystocia and excessive pulling are recognized causes, although these injuries can also happen when no shoulder dystocia was recorded and no one was negligent. Many of these injuries are preventable when the medical team recognizes the risk and responds the right way.
Common causes include:
- Shoulder Dystocia: The baby’s shoulder lodges behind the mother’s pelvic bone, and mishandling the delivery can damage the nerves.
- Improper Use of Delivery Tools: Forceps or a vacuum used incorrectly can put dangerous pressure on the baby’s head and neck.
- Excessive Pulling: Too much force during a difficult or breech delivery can overstretch the brachial plexus.
When providers follow the accepted standard of care, they can lower these risks. When they do not, families have the right to hold them accountable.
Risk Factors Doctors Should Recognize
Doctors are trained to spot the conditions that increase the risk of a brachial plexus injury. Recognizing these risk factors before and during delivery gives the medical team time to plan a safer birth.
Known risk factors include:
- Fetal Macrosomia: A larger-than-average baby is harder to deliver and more likely to experience shoulder dystocia.
- Maternal Diabetes: Diabetes, including gestational diabetes, raises the chance of a larger baby.
- Prolonged or Difficult Labor: A long or stalled labor can lead to forceful maneuvers or instrument-assisted delivery.
- Abnormal Fetal Position: A breech or other unusual position adds risk during delivery.
- Prior Shoulder Dystocia: A birth that involved shoulder dystocia increases the risk in later deliveries.
When these factors are present, a provider should discuss the safest delivery options with the mother, including whether a cesarean section is appropriate. Failing to plan for a known risk can indicate negligence.
Signs and Symptoms Parents May Notice
Some brachial plexus injuries are obvious right after birth, while others become clear in the following weeks. Parents are often the first to notice that something is wrong.
Warning signs include:
- Weakness or Limpness: One arm hangs limp or moves far less than the other.
- Limited Grip: The baby cannot grip or move the hand on the affected side.
- The “Waiter’s Tip” Position: The arm turns inward, the palm faces backward, and the fingers curl.
- Loss of Sensation: The baby seems to feel little or nothing in the affected arm.
If you notice any of these signs, ask your pediatrician for a prompt evaluation. Early diagnosis and treatment can improve your child’s long-term recovery.
Diagnosis, Treatment, and Long-Term Effects
Doctors diagnose a brachial plexus injury through a physical exam and, when needed, tests that show how well the nerves and muscles are working. These may include electrodiagnostic tests such as electromyography, along with imaging such as an MRI to see the extent of the damage.
Many mild injuries heal with time and physical therapy. More serious injuries may require surgery, such as nerve grafts or nerve transfers, and timing matters. Children with severe injuries are often referred to a specialized team at a Cleveland pediatric hospital within the first months of life, when treatment has the best chance to work.
The long-term effects of a serious brachial plexus injury can include:
- Partial or Complete Paralysis: The child may permanently lose movement in the affected arm.
- Chronic Pain: Ongoing discomfort can continue for years.
- Muscle Atrophy: The muscles can weaken and shrink from limited use.
- Developmental and Emotional Effects: A child may face delays and frustration as they grow and adapt.
These challenges can require years of therapy, medical care, and home or vehicle changes, which places a heavy financial burden on families.
Proving Medical Negligence in a Brachial Plexus Case
A brachial plexus injury by itself does not prove that a doctor was negligent. These injuries can happen even when the medical team does everything right. What matters is whether the providers met the accepted standard of care.
To answer that question, our lawyers review the delivery records, the maneuvers the team used, the pattern of the injury, and any imaging. We look closely at how the team responded once the shoulder became stuck.
Accepted responses to shoulder dystocia include the McRoberts maneuver, suprapubic pressure, and delivery of the posterior arm. Warning signs of poor care include fundal pressure on the mother’s abdomen and excessive pulling on the baby’s head.
Because these cases turn on medical details, we work with qualified medical professionals who can explain what happened and whether the care fell short. If it did, we can build a medical malpractice claim on your family’s behalf.
What to Expect During an Ohio Birth Injury Claim
For a parent who has never worked with a lawyer, the legal process can feel overwhelming. We try to make it clear and manageable.
A birth injury claim in Ohio generally follows these steps:
- Free Consultation: We listen to your story and review your child’s medical records at no cost.
- Investigation: We examine the delivery records and consult medical professionals to understand what happened.
- Filing the Claim: If the evidence supports a case, we file it in the proper Ohio court.
- Negotiation: Many cases resolve through a settlement with the hospital or its insurer.
- Trial: If a fair settlement is not offered, we prepare every case as though it will go before a jury.
Timing is important. Ohio medical malpractice claims, which include most birth injury cases, generally must be filed within one year under Ohio Revised Code Section 2305.113. Ohio also sets an outer limit of four years for most of these claims.
The deadline can work differently for a child, and narrow exceptions may apply, so it is best to speak with a lawyer as soon as possible. Because these deadlines are strict, waiting too long can cost your family the right to file.
You do not need to worry about upfront costs. You pay nothing to start, and you owe no attorney fee unless we recover money for your family, through our No Fee Guarantee®. If you have questions about a deadline or your options, schedule a free consultation with our team.
Compensation Available to Cleveland Families
When a preventable birth injury changes a child’s life, families face costs that can last for decades. A successful claim can help cover those costs. Depending on the facts, your family may be entitled to compensation for several kinds of losses.
Compensation in a brachial plexus case may include:
- Medical Costs: These cover past and future surgeries, therapy, and specialized care.
- Assistive Devices and Home Changes: These include braces, wheelchairs, and modifications to your home or vehicle.
- Future Loss of Earnings: This supports your child if the injury limits the ability to work as an adult.
- Pain and Suffering: This reflects the physical pain and emotional toll your child endures.
Ohio law places limits on certain non-economic damages, such as pain and suffering, in medical malpractice cases. These rules are complex and can change, and different limits can apply to catastrophic injuries. An experienced lawyer can explain how the current law may affect your claim. You can also review our record of verdicts and settlements to see the kinds of results we have pursued for injured Ohioans.
Support for Families in the Cleveland Area
Families across Northeast Ohio turn to Cleveland’s hospitals for care after a difficult birth. If your child was born at University Hospitals MacDonald Women’s Hospital, Rainbow Babies and Children’s Hospital, the Cleveland Clinic, or MetroHealth Medical Center, your child may have received early treatment from some of the region’s leading pediatric and maternity programs. These same hospitals are often where the events behind a birth injury claim take place, and reviewing exactly what happened during the delivery is central to understanding whether the care met the standard.
If your family decides to pursue a claim, a Cuyahoga County medical malpractice case is generally heard in the Cuyahoga County Court of Common Pleas in downtown Cleveland. Knowing the local court and how these cases move through it is part of preparing a strong claim.
Caring for a child with a brachial plexus injury often means years of therapy and support. Ohio’s Help Me Grow Early Intervention program offers free evaluations and services for children from birth to age 3 who have a developmental delay or disability. The Cuyahoga County Board of Developmental Disabilities also connects local families to therapy, service coordination, and family support. Starting these services early can make a real difference in your child’s development while your claim moves forward.
Frequently Asked Questions
What Is a Brachial Plexus Birth Injury?
A brachial plexus birth injury is damage to the network of nerves that runs from the spine through the neck and into the shoulder, arm, and hand. These nerves control movement and feeling in the arm. When they are stretched or torn during delivery, a baby can lose strength, motion, or sensation on the affected side.
What Are the Signs of a Brachial Plexus Injury in a Newborn?
The most common sign is weakness or limpness in one arm soon after birth. Parents may also notice a weak grip, an arm that turns inward in the “waiter’s tip” position, or reduced feeling on one side. If you see any of these signs, ask your pediatrician for a prompt evaluation, because early treatment can improve recovery.
What Are the Common Causes of Brachial Plexus Injuries During Delivery?
Most brachial plexus birth injuries happen when a baby’s shoulder becomes stuck and too much force is used on the head or neck. Common causes include mishandled shoulder dystocia, improper use of forceps or a vacuum, and excessive pulling during a difficult or breech delivery. Many of these injuries are preventable when providers follow the standard of care.
Does a Brachial Plexus Injury Mean the Doctor Was Negligent?
Not on its own. A brachial plexus injury can happen even when the medical team responds correctly, so the injury alone does not prove negligence. The real question is whether the providers recognized the risk, used accepted delivery maneuvers, and avoided excessive force. Reviewing the delivery records is often the only way to know.
How Do You Prove Medical Negligence in a Brachial Plexus Case?
Proving negligence means showing that the medical team failed to meet the accepted standard of care and that this failure caused your child’s injury. Our Cleveland birth injury lawyers review the delivery records, the maneuvers used, the injury pattern, and imaging, and we work with qualified medical professionals to explain what happened. Together, this evidence shows whether the care fell short.
What Should I Expect During a Birth Injury Case in Ohio?
Your case starts with a free consultation and a review of your child’s medical records. If we move forward, we investigate the delivery, consult medical professionals, and file the claim in the proper Ohio court. Most cases resolve through negotiation, though we prepare every case as though it will go to trial.
How Long Do I Have to File a Birth Injury Claim in Ohio?
Ohio medical malpractice claims generally must be filed within one year under Ohio Revised Code Section 2305.113, though the deadline can depend on when the injury was discovered. Timing can also work differently for a child’s claim. Because these deadlines are strict and can change, speak with a lawyer as soon as possible so you do not lose the right to file.
What Compensation May Be Available for a Brachial Plexus Injury?
Families may be entitled to compensation for medical bills, future care, therapy, assistive devices, home or vehicle changes, lost future earning capacity, and pain and suffering. The value of a claim depends on the severity of the injury, whether it is permanent, and your child’s future needs. A birth injury lawyer can review your situation and explain what your claim may involve.
Contact Our Cleveland Birth Injury Lawyers
A brachial plexus injury can shape your child’s health, independence, and future. You do not have to sort out what happened on your own. Our firm has been fighting for the injured since 1928, and our experienced Cleveland birth injury lawyers bring that history to every case.
If your child suffered a brachial plexus injury during delivery, we can review your child’s records and help you understand your options. Remember, you pay nothing unless we recover money for your family. When you are ready, contact us for a free, confidential consultation.
