When a baby is born with limited arm movement, muscle weakness, or loss of sensation in the shoulder or hand, it can be one of the most frightening moments a parent faces. These symptoms are often signs of a brachial plexus birth injury, sometimes called Erb’s palsy, and they frequently result from excessive force or improper technique during delivery. While not every case involves negligence, many do, and understanding the difference can shape everything about your child’s future care and your family’s ability to recover.
Wagner Reese LLP represents families throughout Carmel and the surrounding Indiana communities who suspect their newborn’s injury was the result of preventable medical mistakes. With over 150 combined years of experience, founding partners Stephen Wagner and Jason Reese have both earned the distinction of Trial Lawyer of the Year and are recognized on the Super Lawyers and Best Lawyers in America lists. Families navigating these cases are not charged anything upfront. Wagner Reese LLP works on a contingency fee basis, meaning you pay nothing unless the firm recovers compensation for you. If your child has been diagnosed with a brachial plexus injury, speak with a Carmel birth injury lawyer about your legal options.
What Is an Erb’s Palsy or Brachial Plexus Birth Injury?
The brachial plexus is a network of nerves that runs from the spinal cord through the neck and into the arm, controlling movement and sensation from the shoulder down to the fingers. When this network is stretched, compressed, or torn during delivery, it can result in a brachial plexus birth injury. Erb’s palsy is the most common form, involving damage to the upper nerve roots, specifically C5 and C6, and typically presents as weakness or paralysis in the shoulder, upper arm, and elbow. According to Johns Hopkins Medicine, Erb’s palsy causes numbness and loss of motion in the shoulder, and an inability to flex the elbow, lift the arm, or bring objects to the mouth.
The severity of these injuries ranges considerably. Some infants recover with physical therapy alone, while others face permanent impairment that requires surgical intervention, long-term rehabilitation, and ongoing adaptive care. Parents often do not realize that the injury itself is only part of the equation. The more important question is whether a provider’s actions, or failures to act, caused it.
How These Injuries Happen During Delivery
Brachial plexus injuries typically occur when too much lateral traction is applied to a newborn’s head or neck during a difficult delivery. The most commonly associated complication is shoulder dystocia, a condition in which the baby’s shoulder becomes lodged behind the mother’s pubic bone after the head has already been delivered. When a provider responds with excessive force, pulls at an unsafe angle, or fails to apply recognized maneuvers to relieve the obstruction, the brachial plexus nerves absorb that force.
Risk Factors a Physician Should Anticipate
Medical providers are trained to identify and prepare for conditions that increase the likelihood of a complicated delivery. When those warning signs are present, and a provider fails to act accordingly, the injury may constitute medical malpractice. Risk factors that are well-documented in obstetric medicine include:
- Macrosomia (large birth weight): Larger babies are significantly more likely to experience shoulder dystocia, making this a known and preventable complication
- Gestational diabetes: This condition is closely associated with fetal overgrowth and should prompt careful delivery planning
- Prolonged labor: Extended labor can create conditions that increase the risk of traumatic delivery
- Operative delivery: The use of forceps or vacuum extraction increases the mechanical force applied to the baby and requires precise technique
- Previous delivery complications: A prior history of shoulder dystocia or brachial plexus injury elevates the risk in subsequent births
These factors do not automatically mean a provider was negligent, but they do establish what a competent physician should have known and prepared for going into delivery.
Connecting the Injury to Medical Negligence
For a brachial plexus injury claim to succeed, the evidence must show that a provider’s conduct fell below the accepted standard of care and that this failure directly caused the injury. This involves a careful review of prenatal records, labor and delivery notes, nursing documentation, fetal monitoring strips, and, in many cases, the testimony of medical experts who can evaluate what the provider knew and when they knew it.
Common examples of negligence in these cases include failing to recommend a cesarean section when the risk profile warranted it, using improper traction during delivery, misapplying forceps or vacuum devices, or failing to recognize and respond appropriately to shoulder dystocia. Indiana families dealing with medical malpractice of this kind deserve a thorough investigation, and that work begins well before any lawsuit is filed.
What Compensation May Be Available
Families who establish that a birth injury was caused by negligence may be entitled to recover a range of damages. These can include the cost of past and future medical treatment, surgical procedures, and rehabilitation, adaptive equipment, home modifications, and long-term care. When a child is left with permanent impairment, the financial impact can extend across decades. Families may also recover for the pain and suffering their child has endured and for the emotional toll placed on parents and siblings.
In Indiana, the Medical Malpractice Act caps certain damages in malpractice cases, which is one reason why having knowledgeable legal representation from the start is so important to understanding what your case may actually be worth.
Contact Wagner Reese LLP for a Carmel Erb’s Palsy/Brachial Plexus Injury Lawyer
Families in Carmel deserve representation that understands both the medical and legal complexity of birth injury claims. Wagner Reese LLP has earned a Tier-One Best Law Firm ranking and brings decades of courtroom experience to each case we handle. More than half of our cases come from attorney referrals, reflecting the trust our peers place in our work. If your child has received a diagnosis related to an Erb’s palsy or a brachial plexus injury, we want to hear your story. For families dealing with related complications, our attorneys also handle birth asphyxia and other preventable newborn injuries.
There is no upfront cost to speak with our team, and you will not owe any attorney fees unless we obtain a recovery on your behalf. Contact our office today to schedule a free consultation and take the first step toward understanding your family’s legal options.
