We Proved That Brachial Plexus Birth Injuries Are Caused by Doctors
The brachial plexus are nerves that run from the spine to the neck to the arm. This fragile network of nerve fibers can be injured by blows, cuts, stretching, and pressure to the surrounding areas. In severe cases, the nerve fibers can actually be pulled out of their roots.
As these nerves carry signals from the brain to the arm, nerve damage can result in loss of movement in the arm or even complete paralysis. This is an all too common birth injury as the labor and delivery can result in the baby's head and neck being twisted. A form of this type of condition is known as Erb's palsy.
We Proved That Brachial Plexus Birth Injuries Are Almost Always Caused by the Delivering Doctors or Midwives
The brachial plexus is a sheath of nerves that runs from the spinal cord and down the arms. This network of nerve fibers can be injured during delivery of a baby as a result of severe stretching of the brachial plexus when the baby's head delivers, and the baby's shoulder becomes lodged at the public symphasis (the pelvic outlet) - which is called shoulder dystocia. If the health care provider pulls too hard when there is shoulder dystocia, or pulls in the wrong manner (lateral instead or axial pulling or traction, or twisting the head and neck) , the nerves can either be ruptured (like a cord ripped in half) or avulsed (like an electric cord pulled out of the socket).
When this occurs, the resultant nerve damage can result in loss of movement and strength in the arm and hand, even complete paralysis of the arm and hand. A form of this type of condition is known as often called Erb's palsy, or a brachial plexus injury.
These cases are often defended by claiming the maternal forces of labor - meaning maternal contractions or pushing - caused the injury.
Our firm is considered a national leader in fighting and litigating these cases, and we have established precedents in court cases that this defense is "junk science" and that these injuries are caused by the malpractice of the delivering doctor or midwife.
But each case needs to be fought on its own, and our firm leads the field in New York in the knowledge , experience and expertise in fighting and winning Erb's Palsy or Brachial Plexus cases.
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Some cases brachial plexus injuries may heal on their own, but many do not, and require therapy and surgery, and often leave the children with a lifetime and permanent disability.
Our Work in Muhammad v. Fitzpatrick
For over 20 years, victims of brachial plexus had to deal with the "maternal forces of labor" defense in cases of medical malpractice. This was a defense which took all responsibility away from medical professionals – stating that brachial plexus injuries were not, in fact, caused by negligence or recklessness, but rather could be attributed to the natural forces of childbirth. Our lead New York medical malpractice attorney Joseph M. Lichtenstein took on a case that sought to overturn it in Muhammad v. Fitzpatrick.
For over two years, he built a case which sought to prove that this defense had no scientific evidence backing it up. In the end, he was able to prove that the defense was "junk science" and could not be upheld under the Frye test. The New York Law Journal called this decision "huge."
Want to learn how this affects brachial plexus injury cases? Learn more by clicking here. Contact a birth injury attorney from our team today to learn more!
