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Get Legal Help After Your Child Suffers a Brachial Plexus Injury

If your son or daughter has been diagnosed with a brachial plexus injury like Erb’s palsy after birth, you may have grounds to take legal action against the hospital, obstetrician, or midwife. Call Grant Law Office to discuss your options in a free and confidential case consultation. Don't let the damage caused by negligent care go unanswered - let our Atlanta birth injury attorneys help you obtain the justice that your family deserves. The number to call is (404) 995-3955 or toll-free (866) 249-5513.

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Recent Erb's Palsy Verdicts and Settlements

  • Confidential Settlement - Nurse midwife's negligent delivery of infant caused a brachial plexus injury/Erb's Palsy.

Click here for more verdicts and settlements.


What Is an Obstetric Brachial Plexus Injury?

The brachial plexus is a nerve cluster located between the shoulder and spinal cord, under the collarbone, on each side of the body. Any stretching, twisting, or crushing motion to the neck and arm can cause damage to the brachial plexus, and at no time is this more common than at birth. There are two main forms of obstetric brachial plexus injury (OBPI):

  • Erb’s palsy: Damage to the nerves that control the upper arm and shoulder (C5-C6). The entire arm may be weakened or paralyzed, unable to regulate temperature, and more susceptible to wounds and infection.
  • Klumpke’s palsy: Damage to the nerves that control the lower arm, hand, and wrist (T1-C8). The forearm and hand may be weakened or paralyzed, held in a characteristic “claw” formation.

Brachial plexus palsy impacts millions of children each year, leaving them with permanent paralysis and potentially disfiguring effects. While some children recover mobility through extensive therapy, most are left with lifelong physical limitations.

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How Are Nerves Injured?

Nerves are made up of neurons (nerve cells) that communicate with each other via the axons, or tail ends of each nerve, which are surrounded by a white, fatty substance known as the myelin sheath. The myelin helps conduct electrical signals and protects the axon bundles, but trauma to the nerves can cause several different levels of damage:

  • Neuropraxia: A mild nerve injury that heals by itself within a few weeks/months, neuropraxia involves damage to the myelin, usually due to compression of the nerve or disruption to the blood supply to the nerve (ischemia).
  • Axonotmesis: A moderate nerve injury that involves damage to the myelin and axon, usually in the form of crushing. If the crushing pressure is removed in time, the axon will regenerate. In axonotmesis, the connective tissue of the nerve is preserved.
  • Neurotmesis: Whether due to severe pressure, stretching, or a cutting force, in neurotmesis, the axon and its connective tissue lose their continuity, and no nerve signals may be sent. A complete dissection of the nerve is known as a “transection.”
  • Neuroma: When scar tissue forms over the original nerve injury, interrupting nerve signals.
  • Avulsion: When the nerve root is completely torn from the spinal cord, or another point of attachment or insertion.

Some nerve injuries are minor and resolve on their own, but others require surgery, grafts, and physical therapy to treat. Not all nerve injuries can be fixed.

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Who Is Responsible for a Child's Birth Injury in Georgia?

In most cases, Erb's palsy is preventable and is the fault of the obstetrician, midwife, or hospital staff overseeing the birth of the child. The brachial plexus can be damaged if one or more of following occur:

  • Pulling or pushing on the baby's head, neck, or shoulders during a difficult labor;
  • Failure to catch difficulties during labor, such as shoulder dystocia;
  • Improper use of forceps, vacuum extractors, and other medical equipment;
  • Failure to properly evaluate fetal size;
  • Failure to offer a cesarean section to avoid multiple risk factors to the baby's health.
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    Can I Get Compensation for My Child’s Expenses?

    You may be asking: "What can a personal injury claim do to help my child recover use of an arm?" Unfortunately, we cannot undo the damage inflicted by negligent medical professionals, but we can help make sure any current and future financial considerations are met. Compensation may not be a cure-all, but it can certainly help alleviate with the following expenses:

  • Medical bills
  • Doctor fees
  • Surgical costs
  • Emotional and mental anguish
  • Long-term physical therapy
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    When Should I Retain a Birth Injury Attorney?

    The symptoms associated with Erb's palsy are recognizable by a pediatrician early in your baby's life. Once confirmed, it is important to speak with a law firm that is well-versed in medical malpractice, especially in cases involving young children and mothers. Don't let your case rest on the shoulders of just any practice. Speak with a team of litigators who have the experience, the resources, and the dedication you need to take on the at-fault institution. Call the Atlanta birth injury lawyers at Grant Law Office today at (404) 995-3955 or toll-free (866) 249-5513 for more information.

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    Additional Information

    Contact us today for a free and comprehensive case evaluation.

    We require no legal retainer or upfront fees,
    and you pay nothing unless we prevail.

    Toll-free number: (866) 249-5513
    Phone: (404) 995-3955

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    Georgia Erb's Palsy Lawyer Disclaimer: The legal information offered herein by Grant Law Office, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee on the outcome of any other case. Please contact a lawyer for a consultation.

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    *Wayne Grant has been practicing law since 1979. Grant Law Office was founded in 2000.