Brachial Plexus Injury Lawyer in New York

What Is a Brachial Plexus Injury?

The brachial plexus is a bundle of nerves that runs from the spinal cord through the neck and into the arms, controlling movement and sensation. During a difficult birth, these nerves can be stretched, torn, or even severed, especially when the baby’s shoulder becomes stuck in the birth canal or when forceful pulling is used during delivery.

According to the American Academy of Orthopaedic Surgeons, brachial plexus injuries occur in 1 to 3 out of every 1,000 live births in the United States. While some children recover fully with therapy, others suffer permanent impairment and require lifelong support.

Types of Brachial Plexus Injuries

Not all brachial plexus injuries are equal. The type and severity of the nerve damage will directly influence your child’s prognosis, treatment plan, and long-term needs:

• Neurapraxia: Mild stretching of the nerve; usually heals on its own within a few months.
• Neuroma: Scar tissue forms on the damaged nerve, impeding full recovery.
• Rupture: The nerve is torn, requiring surgical intervention.
• Avulsion: The most severe type, where the nerve is completely torn from the spinal cord; typically results in permanent damage.

Understanding these distinctions is essential in preparing for your child’s recovery. Our team works closely with pediatric neurologists and specialists to determine the full extent of your child’s injury and document it for your legal claim.

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Worried Your Child May Have a Brachial Plexus Injury? We Can Help.

If your newborn shows signs like arm weakness or limited movement, don’t wait and wonder. Early legal action can uncover whether medical errors played a role — and help your family access long-term care resources.

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Causes and Symptoms of Brachial Plexus

Many brachial plexus injuries are caused by excessive pressure or improper delivery techniques. Common contributing factors include:

• Shoulder dystocia, where the baby’s shoulder becomes trapped behind the pelvic bone
• Use of excessive traction on the baby’s head, neck, or shoulders
• Breech delivery or high birth weight (over 8 lbs 13 oz.)
• Prolonged or difficult labor
• Misuse of forceps or vacuum extractors
• Failure to order a timely cesarean section

Symptoms to watch for in newborns:

• Weakness or limpness in one arm
• Lack of movement or reflex on one side
• Decreased grip strength on the affected side
• Favoring one arm over the other
• The arm is held against the body with a bent elbow

These symptoms often appear immediately after birth. In some cases, early intervention can lead to significant recovery, but the window for treatment is limited.

Erb’s Palsy, Klumpke’s Palsy, and Brachial Plexus Palsy: What’s the Difference?

These terms often confuse parents, but each refers to a specific pattern of nerve damage:

• Erb’s palsy affects the upper nerves (C5–C6), resulting in limited shoulder and elbow movement. It accounts for about 75% of all brachial plexus injuries.
• Klumpke’s palsy affects the lower nerves (C8–T1), impacting hand and wrist movement and potentially causing a “claw hand” deformity.
• Brachial plexus palsy is a general term encompassing any paralysis or weakness stemming from a brachial plexus injury.

Correct diagnosis of the type of palsy helps guide the medical response and strengthens your legal case by clearly defining the scope of harm.

Early Diagnosis and Intervention: Time Is Not on Your Side

The importance of early diagnosis cannot be overstated. Studies published in Pediatric Neurology show that children who begin therapy within the first 3 to 6 months after birth have significantly better functional outcomes than those who start later.

Treatment may include:

• Physical and occupational therapy to strengthen muscles and restore range of motion.
• Nerve grafting or nerve transfer surgeries are usually performed before the age of one.
• Botox injections or tendon releases for severe cases.
• Ongoing support from pediatric specialists and educational accommodations.

When hospitals delay diagnosis or fail to inform parents of their child’s condition, critical time is lost, and those delays can have lifelong consequences.

Proving Medical Negligence in Brachial Plexus Injury Cases

Our legal team investigates whether your child’s injury could have been avoided with appropriate care. Red flags we often uncover include:

• Failure to anticipate shoulder dystocia in large or breech babies
• Delays in ordering a C-section when complications arise
• Excessive or improper use of force during delivery
• Inadequate monitoring of fetal distress

Hospitals and OB/GYNs have a duty to follow established protocols. When they fail, we pursue justice through expert testimony, thorough medical review, and relentless legal advocacy.

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Not All Birth Injuries Are "Just Bad Luck" — Some Are Preventable

If your doctor failed to recognize delivery risks or delayed a necessary C-section, that’s not unfortunate — it’s negligence. Let our legal team uncover the truth and fight for justice.

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Compensation You May Be Entitled to After Brachial Plexus Incident

Raising a child with a birth injury like brachial plexus palsy can impact every aspect of your family’s life — emotionally, physically, and financially. Many parents are faced with difficult choices: leaving their jobs to become full-time caregivers, relocating to be near specialists, or seeking expensive treatments not covered by insurance.

A successful legal claim can help ease these burdens and provide the financial stability your child needs for long-term recovery. Compensation may include:

• Medical expenses, including surgeries, hospital stays, physical and occupational therapy, and long-term care.
• Rehabilitation and assistive therapies, such as Botox injections, orthotic devices, or motion-based retraining.
• Special education and individualized support services, including tutors, aides, or private schooling, if your child faces learning challenges related to the injury.
• Home modifications (e.g., wheelchair ramps, lifts, adapted bathrooms) and transportation accommodations.
• Loss of future earning potential, if your child’s disability affects their ability to work or live independently in adulthood.
• Pain and suffering, accounting for physical limitations and emotional trauma.
• Emotional distress, for both the child and their parents, including anxiety, depression, and loss of enjoyment of life.

At Jacob D. Fuchsberg Law Firm, our experienced brachial plexus palsy lawyers have recovered millions of dollars for injured children across New York. We work with financial planners, life care experts, and medical professionals to ensure no future expense is overlooked — so your family can focus on healing, not bills.

What to Do If You Suspect a Brachial Plexus Injury: 5 Critical Steps

If your newborn shows signs of limited arm movement, unusual weakness, or other symptoms of a brachial plexus injury, it’s natural to feel overwhelmed. But the steps you take now can make all the difference for your child’s health and legal rights.

Here’s what we recommend:

Seek Immediate Medical Attention

Request a thorough neurological exam and physical assessment from a pediatrician or neurologist. Early diagnosis opens the door to time-sensitive treatment options like physical therapy or surgery.

Request and Preserve Medical Records

Obtain copies of prenatal records, delivery notes, and any postnatal care documentation. These are crucial for determining whether medical negligence played a role.

Document Everything

Keep a daily journal of symptoms, missed milestones, medical appointments, and emotional impact. Photos or videos showing the baby’s limited arm use can also serve as important evidence.

Follow Through with Treatment

Begin recommended therapies as soon as possible, and keep all receipts and insurance communications. These records help establish the financial burden and your efforts to support recovery.

Speak with Our Brachial Plexus Injury Attorney

Don’t wait to consult a lawyer experienced in birth injury claims. Our team at Jacob D. Fuchsberg Law Firm can review your case for free, explain your legal options, and help you take action before deadlines expire.

Your Legal Window May Be Limited

In New York, the statute of limitations for medical malpractice is typically 2 years and 6 months, but for injuries to infants and children, this may be extended until the child turns 10 years old. However, it is always in your best interest to act quickly.

The sooner you contact a brachial plexus injury attorney, the sooner we can begin gathering evidence, consulting with experts, and building a strong case on your behalf.

Why Families Trust Jacob D. Fuchsberg Law Firm

Choosing the right attorney after a birth injury can be overwhelming. We make that decision easier by delivering real results with care, clarity, and confidence.

• 40+ years of proven legal experience: Our firm has been a leader in birth injury and medical malpractice litigation in New York for over four decades. We understand the legal, medical, and emotional dimensions of these cases better than anyone.
• Deep focus on medical negligence cases: We handle complex malpractice claims every day. From delivery room errors to diagnostic delays, our birth injury attorneys know how to prove liability in the toughest cases and win against hospitals and insurers.
• No fees unless we win: We work on a contingency basis, which means no legal fees until we recover compensation for you. Our team covers all upfront costs so that you can focus on your child’s care, not bills.
• Clear communication: Legal jargon isn’t helpful when your child is hurting. We explain everything in plain language, keep you informed, and answer every question honestly, so you always know where your case stands.

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