Brachial Plexus Injury Lawsuit: Get the Compensation You Deserve
A brachial plexus injury lawsuit can provide families with the financial support they need when a child’s nerve damage results from medical negligence. These injuries, often caused by excessive force during delivery, can lead to lifelong complications, including paralysis, limited mobility, and the need for surgery or long-term therapy.
When a birth injury occurs due to a doctor’s failure to follow proper medical procedures, parents have the right to seek compensation. Understanding the legal process, potential settlement amounts, and how to build a strong case can make all the difference in achieving justice for your child.
What Is a Brachial Plexus Injury?
The brachial plexus is a network of nerves located in the shoulder, controlling movement and sensation in the arms and hands. During childbirth, excessive stretching, forceful pulling, or improper use of tools like forceps can damage these nerves.
There are different types of brachial plexus injuries, including:
- Neuropraxia – The mildest form, involving stretched but intact nerves. Most cases recover within months.
- Neuroma – Some nerve fibers heal improperly, forming scar tissue that limits function.
- Rupture – A partial or complete tear of the nerve, often requiring surgery.
- Avulsion – The most severe form, where the nerve is completely torn from the spinal cord, leading to permanent paralysis.
While some cases resolve with therapy, others require nerve grafts, muscle transfers, or lifelong rehabilitation. If an injury occurred due to medical error, parents may be eligible to file a plexus lawsuit for compensation.
What Causes Brachial Plexus Injuries?
Not all brachial plexus injuries result from negligence. However, doctors are expected to follow medical guidelines to minimize the risk of harm. A birth injury lawsuit may be valid if a medical provider:
- Used excessive force during delivery – Pulling too hard on a baby’s head and shoulders can overstretch the nerves.
- Failed to recognize risk factors – Large babies, breech positioning, or prolonged labor increase the risk of injury.
- Misused delivery instruments – Forceps and vacuum extractors can cause nerve damage if improperly applied.
- Delayed response to shoulder dystocia – If a baby’s shoulder gets stuck behind the mother’s pelvic bone, improper techniques can lead to serious injury.
Doctors must anticipate and respond to these risks appropriately. When they fail to do so, families may have grounds for a medical malpractice claim.
How Much Compensation Can You Get for a Brachial Plexus Lawsuit?
A brachial plexus injury lawsuit settlement depends on several factors, including:
- The severity of the injury – Minor cases may settle for lower amounts, while permanent damage can lead to higher compensation.
- Medical costs – This includes past and future expenses for surgery, therapy, assistive devices, and ongoing care.
- Pain and suffering – Emotional distress and reduced quality of life also factor into settlements.
- Lost future earnings – If an injury limits a child’s ability to work later in life, courts may include lost earning potential in the payout.
In severe cases, settlements and jury awards can reach millions of dollars, particularly when permanent disability is involved.
How Are Brachial Plexus Injury Lawsuit Settlements Determined?
Settlements in brachial plexus lawsuits are determined based on medical evidence, legal arguments, and expert testimony. The following factors influence the final amount:
1. The Severity of the Injury
- Mild cases that heal with physical therapy may result in lower settlements.
- Severe injuries requiring surgery, nerve grafts, or lifelong care typically lead to higher payouts.
2. Medical Expenses
- Courts consider current and future medical costs, ensuring families have the financial resources to support their child’s recovery.
3. Legal Strength of the Case
- Cases with clear evidence of medical negligence often settle for more.
- Expert testimony from neurologists and surgeons can strengthen the claim.
4. Negotiation vs. Trial Verdicts
- Many cases settle out of court, but jury trials can lead to higher awards if negligence is strongly proven.
- Verdicts in favor of plaintiffs often include compensation for pain, suffering, and long-term disability.
Parents should work with an experienced attorney to ensure maximum compensation for their child’s injuries.
How to File a Brachial Plexus Lawsuit
Filing a lawsuit involves several steps:
- Case Review – An attorney will review medical records to determine if malpractice occurred.
- Filing a Claim – A lawsuit is filed against the hospital, doctor, or medical provider responsible for the injury.
- Collecting Evidence – Testimonies from medical experts, therapists, and family members help build a strong case.
- Negotiation & Settlement – Many cases are resolved through settlement, but some proceed to trial.
Because each state has a statute of limitations to sue within, families should take legal action as soon as possible to preserve their rights.
Legal Precedents & Joseph Lichtenstein’s Impact on Brachial Plexus Cases
Few attorneys have shaped brachial plexus malpractice law as profoundly as New York birth injury lawyer, Joseph Lichtenstein. He has a history of getting multi-million dollar verdicts for his clients, including a record setting brachial plexus settlement over twice the previous amount. And his work in Muhammad v. Fitzpatrick overturned the outdated “maternal forces of labor” defense, which had been used to wrongfully blame mothers for their child’s injuries. His ability and body of work led to him being named Malpractice Attorney of the Year for New York in 2019, 2023, and 2024.
If your child suffered a brachial plexus injury due to medical negligence, Joseph Lichtenstein can provide the legal expertise needed to fight for the maximum compensation possible. Contact him today for a free consultation to explore your legal options.