When a baby suffers a brachial plexus injury during delivery, the physical and emotional toll on a family can be significant. These injuries involve damage to the network of nerves that controls movement and sensation in the arm, shoulder, and hand. Erb’s palsy is the most common form, typically affecting the upper nerve roots and causing weakness or paralysis on one side of the body. For many families, the hardest part of receiving this diagnosis is learning that it may have been preventable.

Medical professionals are expected to manage labor and delivery with care and skill. When complications like shoulder dystocia arise, a delivery team that responds incorrectly or applies excessive traction can cause lasting nerve damage to a newborn. At Wagner Reese LLP, we represent families in Evansville and across Indiana dealing with the aftermath of preventable birth injuries. Our attorneys handle complex birth injury cases and know what it takes to build a compelling case against hospitals and medical providers.

What Is Erb’s Palsy and How Does It Happen

Erb’s palsy results from trauma to the brachial plexus, the bundle of nerves running from the cervical spine through the shoulder and into the arm. According to the National Institutes of Health’s StatPearls reference on Erb palsy, the condition is one of the most common neurological birth injuries, with an estimated prevalence of 0.9 to 2.6 per 1,000 live births. The injury most often occurs when the baby’s neck is stretched or pulled during delivery, frequently in cases involving large birth weight or shoulder dystocia.

The resulting damage can range from mild to severe. Some infants recover with early physical therapy, while others face ongoing impairments affecting arm strength, range of motion, and hand function for years. When the injury extends beyond the upper nerve roots, as in more severe brachial plexus cases, the outlook becomes more complicated and the need for legal accountability more pressing.

Signs, Symptoms, and Long-Term Impacts

Parents often first notice a problem when their newborn does not move one arm normally. The arm may hang limply at the side, and the infant may not demonstrate the typical reflexes expected at birth. As the child grows, the effects of an untreated or inadequately treated brachial plexus injury can compound, leading to muscle atrophy, joint stiffness, and in some cases, the need for surgical intervention.

Long-term impacts vary widely depending on the severity of nerve damage. Families often face ongoing medical costs, therapy expenses, and in more serious cases, permanent disability. The following factors commonly shape the prognosis and legal value of these cases:

  • Severity of nerve damage: Whether the injury involved stretching, tearing, or avulsion of the nerve roots
  • Time to diagnosis and treatment: Delays in initiating physical therapy can reduce recovery potential
  • Age at surgical intervention: Cases requiring nerve grafts or other procedures carry greater long-term costs
  • Related injuries: Conditions such as Klumpke’s palsy or Horner syndrome may accompany more extensive plexus damage
  • Impact on daily functioning: Limitations in grip strength, range of motion, and arm use that affect development and quality of life

Each of these factors shapes the compensation a family may be entitled to pursue.

How Medical Negligence Causes Brachial Plexus Injuries

Not every brachial plexus birth injury results from negligence, but many do. Physicians and labor and delivery nurses are trained to anticipate risk factors and respond to complications during delivery. When they fail to do so, or when improper techniques are applied under pressure, the consequences can be severe and permanent.

Common examples of negligence include failing to identify a macrosomic infant before delivery, not recommending a cesarean section when risk factors are present, mismanaging shoulder dystocia through excessive lateral traction, and failing to respond appropriately when the birth becomes complicated. Our team carefully reviews medical records, delivery documentation, and expert opinions to determine whether the standard of care was met. We also handle medical malpractice claims in Evansville across a range of practice areas, bringing the same level of thoroughness to every case.

What Compensation May Be Available

Families pursuing a birth injury claim in Indiana may be entitled to recover damages tied to both past and future needs. Medical expenses often represent the largest component, particularly when a child requires years of physical therapy, occupational therapy, or surgery. Pain and suffering, developmental delays, and the impact on the child’s future earning capacity are also considered. In cases where a birth injury contributed to a fatal outcome, compensation may be pursued through an Evansville wrongful death claim.

Indiana’s medical malpractice laws include specific procedural requirements and caps on damages in certain circumstances, which is why having an attorney familiar with birth injury litigation in this state matters. Our team guides families through every step of the process, from the initial investigation through resolution. For additional context on how these injuries are classified medically, our Indiana brachial plexus injury page provides detailed information.

Contact Wagner Reese LLP About Your Evansville Birth Injury Case

Choosing the right attorneys for a birth injury case can make a real difference in the outcome. Wagner Reese LLP is one of Indiana’s most recognized personal injury firms, with founding partners Stephen Wagner and Jason Reese each having received Trial Lawyer of the Year honors. The firm holds a Tier-One Best Law Firm ranking from Best Lawyers in America and has earned Super Lawyers recognition, with the majority of our cases coming through attorney referrals. We serve clients on a contingency fee basis, meaning there is no cost to you unless we recover compensation on your behalf.

If your child suffered an Erb’s palsy or brachial plexus birth injury in the Evansville area, we are ready to help your family pursue justice. Our Evansville personal injury lawyers are available to discuss your situation and evaluate your options. Reach out today to schedule a free case review with our team.