Brachial Plexus Injury at Birth: What Parents Need to Know

When your newborn can’t move one arm or shows signs of weakness on one side of their body, it’s terrifying. A brachial plexus injury at birth affects the network of nerves that controls movement and sensation in the shoulder, arm, and hand. While some babies recover fully within months, others face permanent limitations that require years of therapy, surgery, and adaptive care. Understanding what happened during your child’s birth is the first step toward getting answers—and getting your family the support you deserve.

If your baby was diagnosed with brachial plexus palsy after a difficult delivery, medical negligence may have played a role. Birth-related nerve injuries often result from excessive force during delivery, particularly when shoulder dystocia occurs. A birth injury attorney can review your medical records at no cost and help you determine whether your child’s injury was preventable. Because statute of limitations deadlines restrict how long you have to take legal action, it’s important to get answers sooner rather than later. Contact a birth injury lawyer today for a free, confidential case evaluation.

On this page:

• What is a brachial plexus injury
• Types of brachial plexus damage
• Signs and symptoms in newborns
• Causes and risk factors
• When it’s medical malpractice
• Diagnosis and testing
• Treatment options
• Recovery and prognosis
• Filing a birth injury lawsuit
• Finding a brachial plexus lawyer
• Frequently asked questions

What Is a Brachial Plexus Injury?

The brachial plexus is a complex network of five nerves (C5, C6, C7, C8, and T1) that originate from the spinal cord in the neck and extend through the shoulder and down into the arm and hand. These nerves control all voluntary movement in the upper extremity and provide sensation from the shoulder to the fingertips.

A brachial plexus injury at birth occurs when these nerves are stretched, compressed, or torn during the delivery process. The injury typically happens when a baby’s shoulder becomes stuck behind the mother’s pubic bone after the head has already been delivered—a complication called shoulder dystocia. When healthcare providers apply excessive lateral traction on the baby’s head and neck to free the stuck shoulder, the brachial plexus nerves can sustain serious damage.

Brachial plexus palsy affects approximately one to three out of every 1,000 births in the United States. The severity of the injury depends on which nerves are damaged and the extent of that damage. Some babies experience mild stretching that resolves within weeks, while others suffer nerve ruptures or avulsions that result in permanent paralysis.

The location of nerve damage determines which type of brachial plexus injury your child has. Upper brachial plexus injuries affect the C5 and C6 nerves and result in Erb’s palsy, the most common form. Lower brachial plexus injuries affect the C8 and T1 nerves and cause Klumpke’s palsy, which is less common but often more severe. Total brachial plexus palsy affects all five nerve roots and results in complete arm paralysis.

If you suspect your child’s brachial plexus injury resulted from improper delivery techniques, a birth trauma attorney can help you understand your legal options and what compensation might be available for your family.

Types of Brachial Plexus Damage

Brachial plexus injuries are classified based on the severity of nerve damage. Understanding which type your child has is important because it directly affects treatment options and recovery potential.

Neuropraxia is the mildest form of brachial plexus damage. This occurs when the nerve is stretched but not torn. The myelin sheath (protective covering) around the nerve may be damaged, but the nerve fiber itself remains intact. Most babies with neuropraxia recover fully within three months without surgical intervention. During this time, physical therapy helps maintain range of motion and prevent muscle contractures while the nerve heals naturally.

Neuroma represents moderate nerve damage. The nerve was stretched severely enough that scar tissue formed as it attempted to heal. This scar tissue can put pressure on the healing nerve and interfere with signal transmission. Babies with neuroma injuries may recover some function naturally, but many require surgical intervention to remove the scar tissue and repair the nerve. Recovery is typically partial rather than complete, and the timeline extends to 12-24 months or longer.

Rupture occurs when the nerve tears completely into two pieces but is not separated from the spinal cord. This is a serious injury that will not heal on its own. Surgical repair is necessary, typically involving nerve grafts where a donor nerve is used to bridge the gap between the torn ends. Recovery depends on how quickly surgery is performed and the success of the graft. Many children with nerve ruptures experience significant permanent limitations despite surgical intervention.

Avulsion is the most serious type of brachial plexus injury. This occurs when the nerve root is completely torn away from the spinal cord. Avulsion injuries cannot be directly repaired because the nerve’s connection to the spinal cord is severed. Surgical options are limited to nerve transfers, where a less important functioning nerve is redirected to restore some movement to the affected area. Children with avulsion injuries typically have permanent, substantial impairment in the affected arm.

Many brachial plexus injuries at birth involve a combination of these damage types. For example, a baby might have neuropraxia in the C5 nerve, neuroma in C6, and rupture in C7. This mixed presentation makes prognosis more complex and individualized to each child.

The type of damage can only be definitively determined through specialized testing and sometimes exploratory surgery. Initial physical examination and response to early therapy provide clues, but imaging studies and nerve conduction tests offer more precise information about the extent and location of damage.

Signs and Symptoms in Newborns

Recognizing a brachial plexus injury at birth is usually straightforward because the symptoms are visible immediately after delivery. The affected arm shows distinctly different movement patterns compared to the unaffected side.

The most obvious sign is decreased or absent movement in one arm. While the baby moves the unaffected arm normally, the injured arm lies limp at the side of the body. When you gently lift the affected arm and release it, it drops back down without resistance. The baby does not startle with that arm when surprised and cannot bring it to the mouth or across the body.

Erb’s palsy presentation is characterized by what’s called the “waiter’s tip” position. The affected arm rotates inward at the shoulder, extends at the elbow, and flexes at the wrist with the palm facing backward. The shoulder and elbow cannot move, but the baby may be able to move the fingers and grasp with the hand because the lower nerves remain intact.

Klumpke’s palsy presentation shows the opposite pattern. The shoulder and elbow may move relatively normally, but the forearm, wrist, and hand are paralyzed. The baby cannot grasp objects or flex the wrist. In severe cases, the eyelid on the same side may droop (Horner’s syndrome), indicating damage to the sympathetic nerve fibers that travel with the lower brachial plexus nerves.

Total brachial plexus palsy results in a completely limp, motionless arm. The baby has no voluntary movement from shoulder to fingertips and no reflexes in the affected extremity. The arm may feel cool to the touch due to impaired circulation, and the skin may appear slightly pale or dusky compared to the other arm.

Asymmetric Moro reflex is another key indicator. When startled, babies normally extend both arms outward symmetrically. A baby with a brachial plexus injury shows a Moro reflex on only one side, with the affected arm remaining motionless.

Some babies also experience associated symptoms including a fractured clavicbone, which often occurs alongside brachial plexus injuries during difficult deliveries. Pain is difficult to assess in newborns, but affected babies may cry more when the injured arm is moved or may seem to favor the uninjured side when being held.

If your baby shows any of these symptoms after birth, immediate evaluation by a pediatric neurologist or orthopedic specialist is necessary. Early diagnosis and intervention significantly improve outcomes. Documentation of these symptoms in your baby’s medical records is also important if you later pursue legal action for medical negligence.

Causes and Risk Factors

Brachial plexus injury at birth occurs when mechanical forces during delivery stretch or tear the delicate nerves in the baby’s neck and shoulder. Understanding what causes these injuries helps identify when medical negligence may have played a role.

Shoulder dystocia is the primary cause of birth-related brachial plexus damage. This obstetric emergency occurs when the baby’s anterior shoulder becomes impacted behind the mother’s pubic bone after the head has delivered. The baby is stuck in the birth canal, and the umbilical cord is compressed, creating an urgent situation. When healthcare providers apply excessive pulling force on the baby’s head to free the shoulder, the brachial plexus nerves can be overstretched and damaged.

Proper management of shoulder dystocia involves specific maneuvers (McRoberts maneuver, suprapubic pressure, delivery of the posterior arm) designed to free the shoulder without applying traction to the baby’s head and neck. When providers panic or use excessive force instead of following established protocols, nerve injuries become significantly more likely.

Large birth weight (macrosomia) is a major risk factor. Babies weighing over 8 pounds 13 ounces (4,000 grams) are at increased risk, with risk rising substantially for babies over 9 pounds 15 ounces (4,500 grams). The larger the baby, the more likely the shoulders will be too wide to pass easily through the birth canal.

Maternal diabetes, particularly gestational diabetes that is poorly controlled, often results in macrosomic babies with disproportionately large shoulders relative to their head size. This asymmetric growth pattern increases shoulder dystocia risk even when total birth weight is not extremely high.

Prolonged labor, especially a prolonged second stage where the mother is actively pushing, can lead to exhaustion and increased need for assisted delivery. Both vacuum extraction and forceps delivery increase the risk of brachial plexus injury, particularly when used in combination with other risk factors.

Breech presentation requiring vaginal delivery significantly increases brachial plexus injury risk. When the baby’s feet or buttocks deliver first, the arms are often extended above the head, and significant traction on the body may be needed to deliver the aftercoming head. This creates substantial force on the brachial plexus nerves.

Previous shoulder dystocia in a prior pregnancy dramatically increases the likelihood of recurrence. Women with this history should be counseled about delivery options, and many physicians recommend elective cesarean section to avoid repeating the complication.

Assisted vaginal delivery with vacuum or forceps, while sometimes necessary, increases brachial plexus injury risk when used inappropriately or with excessive force. Vacuum extraction injuries and forceps delivery injuries occur when these instruments are used on babies too large for safe vaginal delivery or when providers apply too much pulling force.

Maternal obesity makes shoulder dystocia more difficult to recognize and manage. Soft tissue can obscure the provider’s ability to feel the baby’s position, and standard maneuvers may be more difficult to perform effectively.

While these risk factors increase the likelihood of brachial plexus injury, many injuries occur in deliveries with no identified risk factors. Conversely, most high-risk deliveries do not result in nerve damage when providers appropriately recognize risks and respond correctly to complications.

If your baby suffered a brachial plexus injury and your medical team failed to identify risk factors, failed to recommend appropriate interventions like cesarean delivery, or mismanaged shoulder dystocia, you may have grounds for a legal claim.

When It’s Medical Malpractice

Not every brachial plexus injury at birth constitutes medical negligence. However, many of these injuries are preventable and result directly from substandard care during labor and delivery.

Medical malpractice occurs when a healthcare provider’s actions fall below the accepted standard of care and directly cause harm to the patient. In the context of brachial plexus injuries, several specific failures may constitute negligence.

Failure to identify risk factors is a common form of malpractice. Obstetricians should review prenatal records, ultrasound measurements, and maternal health conditions to identify babies at high risk for shoulder dystocia. When a baby is measuring large for gestational age, the mother has diabetes, or other risk factors exist, this should be documented and a delivery plan should be discussed with the parents. Failing to recognize these red flags and proceeding with vaginal delivery without counseling about cesarean options may be negligent.

Failure to recommend cesarean delivery when risk factors indicate it’s the safer choice is another form of negligence. While vaginal delivery is appropriate for most pregnancies, certain combinations of risk factors—particularly estimated fetal weight over 4,500 grams in diabetic mothers or over 5,000 grams in non-diabetic mothers—warrant serious consideration of planned cesarean section. When physicians dismiss these concerns or fail to present the option to parents, they may be liable for resulting injuries.

Improper management of shoulder dystocia is the most direct cause of preventable brachial plexus injuries. When shoulder dystocia occurs, established protocols exist for safe resolution. The ACOG (American College of Obstetricians and Gynecologists) recommends specific maneuvers performed in sequence: calling for help, McRoberts positioning, suprapubic pressure, internal rotation maneuvers, delivery of posterior arm, and last-resort maneuvers if these fail.

Applying excessive traction to the baby’s head—pulling hard on the head to force the shoulder past the pubic bone—is explicitly contraindicated because it directly stretches the brachial plexus nerves. When medical records or witness testimony reveals that providers pulled excessively rather than following proper protocols, this constitutes malpractice.

Inappropriate use of delivery instruments during shoulder dystocia compounds the risk. Using vacuum extraction or forceps to apply traction when the shoulder is stuck increases the force transmitted to the brachial plexus. These instruments should never be used to pull harder in a shoulder dystocia situation.

Failure to perform timely cesarean delivery when labor is not progressing or fetal distress is present can result in a more difficult delivery that might have been avoided. Delayed C-section decisions contribute to many birth injuries, including brachial plexus damage, when the baby becomes distressed or labor becomes obstructed.

Lack of informed consent may also support a malpractice claim. Parents have the right to understand significant risks and make informed decisions about their care. When providers fail to disclose that a baby is measuring large or that shoulder dystocia risk is elevated, parents cannot make truly informed choices about delivery methods.

Inadequate documentation in medical records sometimes indicates problematic care. When shoulder dystocia occurs but the delivery note contains minimal information about what maneuvers were performed or how long the dystocia lasted, this raises questions about whether proper protocols were followed.

Proving medical malpractice in brachial plexus injury cases requires expert testimony from obstetricians and maternal-fetal medicine specialists who can review your medical records and explain how the care provided deviated from accepted standards. A qualified birth trauma attorney will have your records reviewed by medical experts to determine whether negligence occurred.

It’s important to understand that shoulder dystocia can occur even with excellent care, and not every brachial plexus injury represents malpractice. However, when providers fail to recognize risk, fail to follow established protocols, or use excessive force, they should be held accountable for the preventable harm they caused to your child.

Diagnosis and Testing

Diagnosing a brachial plexus injury at birth typically begins with physical examination immediately after delivery. The visible asymmetry in arm movement usually makes the diagnosis apparent, but determining the severity and specific nerves involved requires more detailed evaluation.

Physical examination by a pediatrician or neonatologist documents which movements are present and which are absent. The doctor tests each joint (shoulder, elbow, wrist, fingers) for active movement, passive range of motion, and reflexes. Testing the Moro reflex, grasp reflex, and biceps reflex provides information about which nerve roots are functioning. This initial examination establishes a baseline against which future recovery can be measured.

Imaging studies help rule out associated injuries and provide information about bone and soft tissue. X-rays of the shoulder, clavicle, and upper arm identify any fractures that may have occurred during delivery. A fractured clavicle often accompanies brachial plexus injury and must be managed appropriately during healing. MRI of the cervical spine and brachial plexus can sometimes visualize nerve root avulsions or identify fluid collections (pseudomeningoceles) that indicate where nerves have been torn from the spinal cord.

Nerve conduction studies and electromyography (EMG) provide detailed information about nerve function but are typically not performed until the baby is at least three weeks old. These tests measure how well electrical signals travel through the nerves and whether the muscles are receiving signals. EMG can help differentiate between neuropraxia (which shows some electrical activity) and more severe injuries (which show no activity). However, these tests can be uncomfortable for infants and are not always necessary in the initial weeks when management focuses on physical therapy regardless of specific diagnosis.

Serial physical examinations over the first three months are the most important diagnostic tool for prognosis. Babies who show early signs of recovery—even small improvements in movement—within the first two weeks have a much better prognosis than those who show no improvement. Pediatric neurologists or orthopedic specialists experienced in brachial plexus injuries should examine the baby monthly during this critical period to track recovery and determine if surgical intervention is needed.

Specialized evaluation at a brachial plexus clinic is recommended for any baby whose injury does not resolve within the first few weeks. These specialized centers have the expertise to accurately assess nerve damage and recommend the most appropriate treatment approach. Early referral to specialists ensures your child has access to surgical options if they become necessary.

Intraoperative nerve testing may be performed if surgery is recommended. During surgical exploration, the surgeon can directly visualize the nerves and use electrical stimulation to test which portions are functioning. This allows for precise identification of which nerves require grafting or other reconstruction.

Parents should request copies of all medical records related to their baby’s diagnosis and treatment. These records are important both for coordinating care among multiple specialists and for potential legal action if you decide to pursue a claim for medical malpractice during birth.

Treatment Options

Treatment for brachial plexus injury at birth depends on the severity of nerve damage and the baby’s response to initial conservative care. A comprehensive treatment plan may involve physical therapy, occupational therapy, and in some cases, surgical intervention.

Physical therapy should begin immediately, typically within the first week of life. Even before the extent of nerve damage is fully known, gentle range-of-motion exercises prevent the affected joints from becoming stiff and muscles from developing contractures. A specialized pediatric physical therapist teaches parents how to perform these exercises at home several times daily.

The exercises focus on maintaining passive range of motion in the shoulder, elbow, wrist, and fingers. As the baby grows and shows signs of nerve recovery, active exercises are introduced to strengthen recovering muscles. Parents learn positioning techniques to prevent the affected arm from being ignored or held in abnormal postures that could lead to permanent deformities.

Occupational therapy becomes more important as the child grows older, particularly if some permanent limitations remain. Occupational therapists help children learn to perform daily activities and develop adaptive strategies for tasks that are difficult with one-arm weakness. They may recommend splints or braces to maintain proper positioning and prevent contractures as the child grows.

Constraint-induced movement therapy is sometimes used in older children with residual weakness. This involves restricting use of the stronger arm for periods of time to encourage use and strengthening of the weaker arm. This therapy approach has shown promise in improving function in children with mild to moderate permanent impairment.

Botox injections may be used in children who develop muscle imbalances as they recover. When some muscles recover more completely than their opposing muscles, this can create abnormal postures and joint problems. Botulinum toxin temporarily weakens the overactive muscle, allowing better balance and improved function.

Surgical intervention is considered when there is no significant improvement in the first three to six months or when imaging shows nerve rupture or avulsion. The timing of surgery is important—operating too early may subject babies to unnecessary surgery if they would have recovered naturally, but waiting too long reduces the potential for nerve regeneration and functional recovery.

Nerve grafting involves removing the damaged section of nerve and replacing it with donor nerve tissue, typically harvested from a less important sensory nerve in the baby’s leg. The donor nerve serves as a bridge allowing the baby’s nerve fibers to grow from the healthy proximal end to the healthy distal end. This surgery is most successful when performed between three and nine months of age.

Nerve transfer procedures are used when nerve roots are avulsed from the spinal cord and cannot be directly repaired. A functioning but less important nerve (such as a nerve that controls a specific finger movement) is redirected to provide some innervation to more important muscles (such as biceps for elbow flexion). While this sacrifices the donor nerve’s original function, it can restore critical movements that would otherwise remain paralyzed.

Secondary reconstructive surgeries may be needed as the child grows if joint deformities develop or if muscle transfers can improve function. These might include procedures to release tight muscles, reposition bones that have grown abnormally due to muscle imbalances, or transfer functioning muscles to replace paralyzed ones.

Assistive devices and adaptive equipment help children participate fully in activities despite residual weakness. These might include specialized utensils, adaptive sports equipment, or orthotics that support proper positioning.

Most children with brachial plexus injuries require years of therapy and medical monitoring even when surgery is successful. The costs of this ongoing care can be substantial, including copays for therapy sessions that may occur multiple times per week, specialized equipment, and follow-up appointments with multiple specialists.

If medical negligence caused your child’s injury, compensation from a birth injury lawsuit can help cover these extensive treatment costs. A birth injury lawyer can help you understand the full value of your claim, including both past and future medical expenses.

Recovery and Prognosis

The prognosis for brachial plexus injury at birth varies dramatically based on the severity of nerve damage and how quickly recovery begins. Understanding what to expect helps families set realistic goals and make informed decisions about treatment.

Mild injuries (neuropraxia) have the best prognosis. Approximately 70-80% of babies with brachial plexus injuries show significant spontaneous recovery within the first few months. When you see your baby start to move the affected arm within the first two weeks after birth, this is an excellent sign. Babies who show biceps function (can bend the elbow) by three months of age typically go on to achieve nearly full recovery by 12-24 months with physical therapy alone.

Moderate injuries (neuroma and partial rupture) have more variable outcomes. Some babies recover substantial function with physical therapy alone, while others require surgical intervention. Babies who show some but incomplete recovery by three months may benefit from surgery. Even with surgery, recovery is often incomplete, and children may have permanent weakness in specific movements, particularly shoulder rotation and hand function.

Severe injuries (complete rupture and avulsion) have the poorest prognosis. These babies show little to no spontaneous recovery, and even with early surgical intervention, they typically have permanent, significant impairment. Surgery can restore some function—enough to be useful in daily activities—but rarely results in normal strength or full range of motion.

Factors that predict better outcomes include:

• Early return of biceps function (by three months)
• Upper trunk injuries (Erb’s palsy) rather than lower trunk or total plexus injuries
• Younger age at time of surgery (if needed)
• Consistent participation in physical therapy
• No associated injuries such as spinal cord birth injury

Long-term complications that may develop even with good initial recovery include:

• Limb length discrepancy (affected arm may grow slightly shorter)
• Muscle mass differences (affected arm remains smaller)
• Joint contractures if therapy is not maintained
• Shoulder instability or dislocation
• Reduced participation in sports requiring two-arm coordination
• Cosmetic concerns about arm appearance
• Psychosocial effects of visible difference

Life expectancy is not affected by isolated brachial plexus injury. These children go on to lead full lives, though they may face some limitations in career choices requiring full bilateral upper extremity function (such as surgery or professional athletics).

Quality of life for children with residual brachial plexus impairment varies. Children with mild residual weakness often adapt well and participate fully in school, social activities, and most sports. Those with severe impairment may require more ongoing support and assistive technology but can still achieve independence and success.

Most children with brachial plexus injuries develop creative compensatory strategies using their stronger arm and adapting tasks to their abilities. Early intervention, family support, and a positive approach to challenges significantly affect long-term adjustment and quality of life.

For families whose children face permanent limitations due to preventable birth injuries, understanding the full scope of lifelong needs is important when pursuing compensation through legal action. Damages in these cases should account not only for current medical expenses but also for future needs including ongoing therapy, potential additional surgeries, assistive devices, and reduced earning capacity if the impairment affects adult career options.

Filing a Birth Injury Lawsuit

If your child’s brachial plexus injury at birth resulted from medical negligence, you have the right to pursue legal action to recover compensation for your child’s injuries and your family’s losses.

Determining if you have a case requires a thorough review of your medical records by both legal and medical experts. A birth injury attorney will obtain your prenatal records, labor and delivery notes, fetal monitoring strips, delivery room documentation, and your baby’s medical records. These records are then reviewed by independent medical experts—typically obstetricians and maternal-fetal medicine specialists—who can identify whether the care provided met or fell below accepted standards.

Key questions the experts evaluate include:

• Were risk factors for shoulder dystocia identified during prenatal care?
• Was the option of cesarean delivery appropriately discussed with parents?
• How was shoulder dystocia managed during delivery?
• What specific maneuvers were performed and in what sequence?
• Is there documentation of excessive traction on the baby’s head?
• How long did the shoulder dystocia last?
• Did providers follow ACOG guidelines for shoulder dystocia management?

Elements of a medical malpractice claim must be proven to succeed in litigation:

Duty: The healthcare providers owed a duty of care to you and your baby, which is easily established by the doctor-patient relationship.

Breach: The providers violated the standard of care through actions or failures to act. This might include failing to recommend cesarean delivery despite risk factors or using excessive force during shoulder dystocia.

Causation: The breach of standard of care directly caused your child’s brachial plexus injury. Medical experts must establish that the injury would not have occurred if proper care had been provided.

Damages: Your child and family suffered actual harm, including medical expenses, pain and suffering, and permanent impairment.

Statute of limitations restricts how long you have to file a lawsuit. These deadlines vary by state, and many states have special rules for injuries to minors. Some states allow the statute of limitations to be “tolled” (paused) until the child reaches adulthood, while others impose strict deadlines regardless of the child’s age.

In many states, you have two to three years from the date you discovered (or reasonably should have discovered) that medical negligence caused the injury. However, some states have a “statute of repose” that bars claims after a certain number of years regardless of when injury was discovered.

Because these deadlines are complex and vary significantly, it’s important to consult a birth injury attorney as soon as possible. Missing the deadline means losing your right to compensation forever, no matter how strong your case might be. You can learn more about time limits at our birth injury statute of limitations page.

The litigation process typically follows these stages:

Initial consultation: You meet with a birth injury attorney to discuss what happened. The attorney evaluates whether your case has merit.

Investigation: If the attorney agrees to take your case, they obtain all relevant medical records and have them reviewed by medical experts.

Filing the complaint: If experts confirm negligence occurred, your attorney files a legal complaint in court, officially initiating the lawsuit.

Discovery: Both sides exchange information through written questions, document production, and depositions (sworn testimony). Your medical providers will be questioned under oath about the care they provided.

Expert testimony: Your medical experts will provide detailed opinions about how the standard of care was violated and how this caused your child’s injury. The defense will have their own experts offering contrary opinions.

Settlement negotiations: Most birth injury cases settle before trial. Your attorney negotiates with the defendants and their insurance companies to reach a fair settlement.

Trial: If settlement cannot be reached, the case proceeds to trial where a jury decides whether negligence occurred and what compensation is appropriate.

The entire process typically takes two to four years from filing to resolution, though some cases resolve more quickly through settlement while others take longer if they proceed to trial.

Compensation in brachial plexus injury cases may include:

• Past and future medical expenses (surgery, therapy, specialists, equipment)
• Costs of necessary home modifications or adaptive devices
• Pain and suffering experienced by your child
• Emotional distress
• Permanent impairment and disability
• Reduced future earning capacity if the injury affects adult employment
• Loss of enjoyment of life
• Parents’ lost wages due to caring for an injured child

The value of each case depends on the severity of injury, extent of permanent impairment, and total lifetime costs of care. Severe cases with permanent, substantial impairment may result in settlements or verdicts in the millions of dollars. You can review examples of case outcomes at our birth injury settlements page, though every case is unique and past results don’t guarantee future outcomes.

Contingency fee arrangement means you pay no upfront costs or attorney fees. Your lawyer is paid only if they recover compensation for you, typically taking 33-40% of the settlement or verdict as their fee. All case expenses (expert witness fees, medical record costs, court filing fees) are advanced by the law firm and reimbursed from the recovery.

This arrangement makes legal representation accessible to all families regardless of financial situation and ensures your attorney is motivated to maximize your recovery.

Don’t wait to explore your legal options. Contact a birth injury attorney today for a free, confidential case evaluation to learn whether you have grounds for a claim and what your case might be worth.

Finding a Brachial Plexus Lawyer

Choosing the right attorney is one of the most important decisions you’ll make when pursuing a birth injury lawsuit. Not all personal injury lawyers have the specialized knowledge required to handle complex medical malpractice cases involving brachial plexus injuries.

Specialization matters. Look for attorneys who focus specifically on birth injuries and medical malpractice rather than general personal injury. These cases require deep understanding of obstetric standards of care, the biomechanics of shoulder dystocia, and the medical literature on nerve injuries. Attorneys who regularly handle these cases have established relationships with the right medical experts and understand how to present complex medical evidence effectively.

Track record and experience are important indicators of an attorney’s ability to handle your case. Ask about:

• How many brachial plexus injury cases has the attorney handled?
• What settlements or verdicts has the attorney obtained in similar cases?
• Does the attorney have experience taking cases to trial, or do they only settle?
• Can they provide references from past clients?

While past results don’t guarantee future outcomes, a proven track record demonstrates the attorney has the skills and resources to succeed.

Resources and networks separate good firms from great ones. Birth injury litigation is expensive, often requiring $50,000 to $100,000 or more in expert witness fees, medical record costs, and litigation expenses before the case resolves. Your attorney needs the financial resources to fund your case properly and access to top medical experts in obstetrics, neurology, and orthopedics who can provide credible testimony.

Communication and compassion are equally important. Your attorney should:

• Return your calls and emails promptly
• Explain legal concepts in language you understand
• Show genuine empathy for your situation
• Keep you informed about case developments
• Respect your role in decision-making about settlement offers

You’ll work with this attorney for years. Choose someone you trust and feel comfortable communicating with openly.

Questions to ask during your consultation:

• What is your experience with brachial plexus birth injury cases specifically?
• Who will actually handle my case—you or a junior attorney?
• How do you communicate with clients and how often?
• What do you see as the strengths and potential challenges of my case?
• What is your fee structure and what costs will I be responsible for?
• How long do you expect my case will take?
• What is your success rate in birth injury cases?

Warning signs of attorneys to avoid:

• Guarantees about specific settlement amounts or outcomes
• Pressure to sign a retainer agreement immediately without time to think
• Lack of specific experience with birth injury cases
• Poor communication or unavailability
• No clear explanation of fee structure and costs
• Unwillingness to provide references
• High-pressure advertising that seems exploitative

Many families benefit from consulting with multiple attorneys before making a decision. Most birth injury lawyers offer free initial consultations, so you can speak with several firms to compare their approach, experience, and how comfortable you feel with them.

You can find experienced legal representation through our birth injury lawyer directory, which connects families with qualified attorneys in their area who have proven track records handling complex birth trauma cases.

Taking legal action doesn’t change what happened to your child, but it can provide the financial resources your family needs to give your child the best possible future. The right attorney will fight for the full compensation your family deserves while treating you with the compassion and respect you need during this difficult time.

Frequently Asked Questions About Brachial Plexus Injury at Birth