The incidence of brachial plexus injuries is four out of every thousand live births. Brachial plexus injuries can range from mild to severe and can significantly affect a person’s ability to move or feel in their arm. One of the most common types of brachial plexus injuries is Erb’s Palsy, often caused by medical malpractice.
This article has two essential objectives for the reader. It will help define the different types of brachial plexus injuries and it will explain how to file a claim in order to help those affected seek appropriate treatment and compensation.
What is the Brachial Plexus?
The brachial plexus is a complex network of nerves that originates from the spinal cord at the cervical (neck) level and extends down into the arm. It controls most of the muscles in the shoulder, arm, and hand and is responsible for sensations in the skin of the arm and hand. The brachial plexus is made up of five major nerve roots, each of which gives rise to various smaller branches that control motor and sensory functions.
Damage to the brachial plexus can disrupt these functions, leading to pain, weakness, numbness, or paralysis in the affected arm. Brachial plexus injuries typically occur during childbirth, traumatic accidents, or sports injuries.
Types of Brachial Plexus Injuries
Brachial plexus injuries can vary greatly depending on the severity and the location of the damage. The injuries are typically classified based on which part of the brachial plexus is affected.
The most common types of brachial plexus injuries include:
1. Erb’s Palsy
Erb’s Palsy, also known as Erb-Duchenne Palsy, is a type of brachial plexus injury that affects the upper portion of the brachial plexus, specifically the C5 and C6 nerve roots. This injury is often caused by excessive pulling or stretching of the infant’s head and neck during difficult childbirth. Erb’s Palsy can occur when the baby’s shoulder gets stuck during delivery, a condition known as shoulder dystocia.
Symptoms of Erb’s Palsy include:
- Weakness or paralysis in the arm, typically on one side.
- Limited range of motion in the shoulder and elbow.
- The affected arm may hang limply by the side, and the child may have difficulty moving their hand, wrist, or arm.
- In severe cases, the muscles of the arm may be atrophied (wasted) due to prolonged nerve damage.
Erb’s Palsy can range from mild (where the child experiences temporary weakness) to severe (where the child experiences permanent loss of function in the arm).
2. Klumpke’s Palsy
Klumpke’s Palsy is another type of brachial plexus injury, but it affects the lower part of the brachial plexus, particularly the C8 and T1 nerve roots. This injury typically results from extreme pulling of the arm or shoulder during delivery, or it can occur during a traumatic event like a car accident, motorcycle crash, or in sports injuries.
Symptoms of Klumpke’s Palsy include:
- Paralysis of the hand and wrist.
- Loss of sensation in the forearm, wrist, and hand.
- In some cases, the hand may be positioned in a claw-like formation, and the person may have difficulty gripping or moving their fingers.
- Weakness or complete loss of function in the hand and forearm.
In contrast to Erb’s Palsy, Klumpke’s Palsy is generally less common, but it can have serious consequences if not treated appropriately.
3. Global Brachial Plexus Injury
In cases of a global brachial plexus injury, both the upper and lower parts of the brachial plexus are affected, meaning that the C5 through T1 nerve roots are damaged. This is one of the most severe forms of brachial plexus injury, as it results in complete paralysis of the arm.
Symptoms of a global brachial plexus injury include:
- Loss of all movement and sensation in the affected arm, including the shoulder, elbow, wrist, and hand.
- The arm may hang limply by the side, and the individual may experience numbness or a lack of feeling.
- Complete loss of motor control and sensory perception in the arm.
Global brachial plexus injuries are often caused by trauma, such as car accidents, motorcycle accidents, or other high-impact events.
4. Avulsion Injury
An avulsion occurs when a nerve is torn from the spinal cord, resulting in a complete loss of function in the affected nerve. An avulsion is one of the most severe types of brachial plexus injury and is typically caused by a traumatic event such as a car accident, a fall from height, or severe stretching of the arm.
Symptoms of an avulsion injury include:
- Complete paralysis of the affected arm and loss of sensation.
- Inability to use the arm or hand for everyday tasks.
- Chronic pain and muscle wasting may also be present.
Avulsion injuries may require complex surgical intervention, and in some cases, the damage is irreversible.
5. Neuropraxia
Neuropraxia is a more minor form of brachial plexus injury that typically results from compression or stretching of the nerve fibers. It is often temporary, and the affected individual may recover with time. Neuropraxia can occur during childbirth, sports activities, or other physical activities that put stress on the neck and shoulders.
Symptoms of neuropraxia include:
- Tingling or “pins and needles” sensation in the arm or hand.
- Weakness in the affected muscles.
- Temporary numbness or loss of sensation.
- These symptoms usually improve over time as the nerves heal.
Neuropraxia is typically less severe than other brachial plexus injuries and can resolve with rest, therapy, and physical rehabilitation.
Causes of Brachial Plexus Injuries
Brachial plexus injuries can be caused by a variety of factors, both during birth and through traumatic incidents:
- Childbirth Complications: Difficult or traumatic deliveries can result in excessive pulling or stretching of the infant’s neck and shoulders. This is the primary cause of Erb’s Palsy and other birth-related brachial plexus injuries.
- Trauma or Accidents: Car accidents, motorcycle crashes, falls, or other types of trauma can lead to brachial plexus injuries by overstretching or tearing the nerves.
- Sports Injuries: Contact sports like football, rugby, and hockey can put significant strain on the neck and shoulder region, leading to brachial plexus injuries. These injuries are often referred to as “stinger” or “burner” injuries and may be temporary or more severe.
- Tumors or Growths: Rarely, tumors or other growths in the area of the brachial plexus can cause damage to the nerves.
How to File a Claim for Brachial Plexus Injuries
If you or a loved one has suffered from a brachial plexus injury caused by medical malpractice during birth or trauma resulting from an accident, it may be possible to file a claim for compensation. The process of filing a claim can help cover the medical costs, rehabilitation, pain, suffering, and potential lost wages caused by the injury.
Use the following steps to file a claim:
1. Document the Injury
The first step in filing a claim is to thoroughly document the injury. This includes medical records, doctor’s reports, imaging scans, and any other documentation that can help establish the severity of the injury and the cause. If the injury was caused by a traumatic event such as a car accident, it is also important to keep records of police reports, witness statements, and any other relevant evidence.
2. Consult with a Personal Injury or Medical Malpractice Lawyer
It is crucial to consult with an experienced personal injury or medical malpractice lawyer like those at The Oshman Firm who specializes in brachial plexus injuries. These lawyers can help determine whether the injury was caused by negligence or other factors that may warrant a legal claim. They will also help guide you through the process of filing a claim and ensure that your rights are protected.
3. Establish Negligence or Liability
For medical malpractice claims (such as those involving Erb’s Palsy caused by improper delivery techniques), it must be shown that the healthcare provider was negligent in their care. This might involve proving that the doctor or medical team failed to take appropriate precautions during childbirth or did not act with the proper standard of care.
For accidents or trauma-related injuries, liability must be established by showing that another party was responsible for causing the injury due to negligence (e.g., a driver causing a car accident).
4. Calculate Damages
Once liability is established, damages can be calculated. These can include:
- Medical Expenses: Costs related to surgeries, rehabilitation, therapy, and long-term care.
- Pain and Suffering: Compensation for the physical and emotional pain endured due to the injury.
- Lost Wages: Compensation for any income lost due to the inability to work.
- Future Medical Costs: Estimated costs for future treatments or care that will be necessary due to the injury.
5. File the Claim
With the help of your attorney at The Oshman Firm , you will file the claim in the appropriate court. The process may involve negotiation or settlement discussions with the opposing party, or it may go to trial if a fair settlement cannot be reached.
6. Settlement or Trial
Many cases of brachial plexus injury are settled out of court, but if a settlement cannot be reached, the case will proceed to trial. During the trial, both parties present evidence, including medical records, expert testimony, and witness statements, to support their claims. A judge or jury will ultimately decide on the amount of compensation, if any, to award.
While settlements are common, especially in medical malpractice cases, it’s important to be prepared for a trial in case negotiations do not result in a satisfactory outcome. Your attorney will guide you through this process and advocate on your behalf.
Time Limits for Filing a Claim: Statute of Limitations
It’s crucial to be aware of the statute of limitations, which is the time limit within which you can file a lawsuit. The statute of limitations for personal injury and medical malpractice cases varies by state and the type of claim. Generally, the statute of limitations for a medical malpractice case is between one to three years from the date of the injury or from the time the injury was discovered.
For example, if a child is born with Erb’s Palsy, parents may not realize the full extent of the injury immediately after birth. In some cases, the statute of limitations may begin once the parents become aware of the injury and its potential causes. In cases involving accidents, the statute of limitations typically starts from the date the accident occurred.
Because the statute of limitations can be complex and vary from state to state, it’s important to consult with an attorney as soon as possible to ensure that your claim is filed within the appropriate time frame.
What to Expect During the Claims Process
Filing a claim for a brachial plexus injury can be a lengthy and complicated process, but understanding the typical steps involved can help prepare you for what lies ahead.
Here is an overview of what you can expect during the claims process:
- Initial Consultation with an Attorney: During the initial consultation, the attorney will assess the facts of the case, review the medical records, and discuss the details of how the injury occurred. Based on this information, the attorney will determine whether there is a viable claim.
- Investigation and Gathering Evidence: If the case proceeds, your attorney will begin investigating the circumstances surrounding the injury. This includes obtaining medical records, expert opinions, and any relevant evidence that supports the claim of negligence or fault. This phase may also involve interviewing witnesses and collecting additional documentation, such as accident reports or hospital records.
- Negotiation and Settlement Discussions: Once all the evidence has been gathered, the attorney will typically attempt to negotiate a settlement with the opposing party. This is often the fastest and least expensive way to resolve a case. Settlement discussions may involve communication with insurance companies or the other party’s legal team.
- Filing the Lawsuit: If a settlement cannot be reached, the attorney will file a lawsuit in the appropriate court. The legal documents will outline the details of the injury, the negligence or fault of the responsible party, and the damages being sought.
- Discovery Phase: During the discovery phase of the lawsuit, both parties exchange information about the case. This includes providing medical records, deposing witnesses, and allowing both sides to gather evidence to support their claims. It is a period of fact-finding and can last several months.
- Trial (if necessary): If the case goes to trial, both sides will present their evidence, and expert witnesses may testify about the extent of the injury, the cause, and the long-term implications. The court will issue a judgment, which may include an award of damages to the plaintiff (the injured party).
- Post-Trial and Appeal (if applicable): After the trial, either party may appeal the court’s decision if they believe there was an error in the legal process or the judgment. Appeals can prolong the process further.
Long-Term Considerations for Those with Brachial Plexus Injuries
For individuals who suffer from brachial plexus injuries, particularly severe cases such as Erb’s Palsy, the effects can be long-lasting and may require ongoing medical treatment and rehabilitation.
The following are some important long-term considerations:
Medical Costs and Treatment
Brachial plexus injuries, especially those that result in permanent disability, can lead to significant medical expenses. This may include:
- Surgical intervention: In some cases, surgery may be necessary to repair nerve damage. This could involve nerve grafts, tendon transfers, or other complex procedures.
- Physical therapy and rehabilitation: Even after surgery, individuals with brachial plexus injuries may require extensive therapy to regain as much function as possible. This may include occupational therapy, physical therapy, and other specialized care.
- Assistive devices: For those with long-term disabilities, assistive devices such as braces, prosthetics, or specialized tools may be required to help with daily activities.
Impact on Quality of Life
Brachial plexus injuries can severely impact a person’s quality of life. For children born with conditions like Erb’s Palsy, the injury may affect their ability to perform basic tasks as they grow older, including writing, eating, or participating in sports. The emotional toll of living with a disability, especially if it requires ongoing care, should not be underestimated.
Employment and Independence
As the child with a brachial plexus injury grows into adulthood, their ability to work and be financially independent may be affected. If the injury results in permanent disability, the person may need to rely on family support, specialized employment, or assistance from the government. Individuals may also experience difficulties in their daily lives that impact their ability to live independently.
Support Systems
People who suffer from brachial plexus injuries often benefit from joining support groups or seeking counseling. Support groups provide emotional support and a sense of community for those who are dealing with similar challenges. Families of individuals with brachial plexus injuries can also benefit from support groups that help them navigate the physical, emotional, and financial challenges of caregiving.
Why do you Need a Medical Malpractice Attorney?
Brachial plexus injuries, such as Erb’s Palsy, can have a profound impact on a person’s life. Understanding the types of injuries and their causes is essential for proper diagnosis and treatment. If the injury is caused by negligence—whether during childbirth or due to an accident—it’s important to know how to file a claim to seek compensation for medical expenses, pain, and suffering.
Filing a claim for a brachial plexus injury can be a complex and emotional process, but with the right legal representation, individuals and families can secure the compensation needed to cover medical costs, support long-term rehabilitation, and help restore the quality of life for those affected.
Whether the case involves a medical malpractice claim or an accident-related injury, the ultimate goal is to ensure that the injured party receives the necessary care to recover as fully as possible. Contact the The Oshman Firm and let them fight for you and your loved ones.
Sources
- American Academy of Orthopaedic Surgeons. “Erb’s Palsy (Brachial Plexus Birth Palsy).” OrthoInfo, 1 Aug. 2022, https://orthoinfo.aaos.org/en/diseases–conditions/erbs-palsy-brachial-plexus-birth-palsy/
- Chater M, Camfield P, Camfield C. Erb’s palsy – Who is to blame and what will happen? Paediatr Child Health. 2004 Oct;9(8):556-560. doi: 10.1093/pch/9.8.556. PMID: 19680484; PMCID: PMC2724163.
- National Institute of Neurological Disorders and Stroke. “Brachial Plexus Injuries Information Page.” National Institute of Neurological Disorders and Stroke, 14 Feb. 2023, https://www.ninds.nih.gov/health-information/disorders/brachial-plexus-injuries.
- MedlinePlus. “Erb’s Palsy.” MedlinePlus, U.S. National Library of Medicine, 5 May 2023, https://medlineplus.gov/ency/article/001396.htm.
- Luo TD, Levy ML, Li Z. Brachial Plexus Injuries (https://www.ncbi.nlm.nih.gov/books/NBK482305/). [Updated 2021 Aug 9]. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2022. Accessed 10/16/2024.
