Watching your baby’s arm hang limp and unmoving in the days after birth is a frightening experience no parent should have to face. When a doctor or nurse mishandles a difficult delivery, the result can be lasting nerve damage that affects your child’s ability to reach, grip, and grow normally. Families across Fort Wayne deserve answers about why this happened and what can be done to hold the responsible party accountable.

At Wagner Reese LLP, we have spent decades fighting for Indiana families whose children were harmed by preventable birth injuries. We understand the medical complexities behind brachial plexus injuries and Erb’s palsy, and we know how to build the kind of case that gets results. Our Fort Wayne birth injury lawyers are ready to review your child’s delivery records and help you understand your legal options.

What Is Erb’s Palsy?

Erb’s palsy is a type of brachial plexus injury that affects the upper nerves controlling the shoulder and arm. It typically occurs when a baby’s neck is stretched to one side during delivery, damaging the C5 and C6 nerve roots near the top of the spine. This stretching can happen during a difficult vaginal delivery, particularly when a baby’s shoulder becomes stuck behind the mother’s pelvic bone.

The severity of Erb’s palsy varies widely from case to case. Some infants experience only mild, temporary weakness that resolves within a few months of physical therapy. Others suffer permanent nerve damage that limits arm movement, muscle strength, and sensation for the rest of their lives. According to the National Library of Medicine, most infants with neonatal brachial plexus palsy recover within three to four months, though those who do not improve in this window often face a poorer long-term outlook, sometimes due to a more severe nerve root separation from the spinal cord.

How Delivery Room Negligence Causes This Injury

Erb’s palsy is often preventable when medical staff properly anticipate and manage a difficult birth. Certain risk factors, such as a larger-than-average baby, a breech presentation, or a prolonged second stage of labor, should prompt an obstetrician to slow down and adjust the delivery approach rather than force the process.

When a doctor applies excessive traction to a baby’s head or neck while trying to free a stuck shoulder, the brachial plexus nerves can tear or stretch beyond their limit. This is frequently seen in cases involving shoulder dystocia, a complication where the baby’s shoulder catches behind the mother’s pubic bone during delivery. Improper use of forceps or vacuum extractors can compound this risk, and our forceps and vacuum injury blog explains how these tools contribute to birth trauma when used incorrectly.

Signs Your Baby May Have a Brachial Plexus Injury

Parents are often the first to notice something is wrong, sometimes within hours of birth. Recognizing the symptoms early can make a meaningful difference in a child’s treatment timeline and long-term recovery.

Common signs include a baby who does not move one arm normally, an arm that hangs limp at the side, or a weak or absent grip on the affected hand. A pediatrician will typically check for an absent Moro reflex, which is the startle response newborns show when they feel a sudden change in position, as its absence on one side can point to nerve damage. If your child shows any of these signs, prompt evaluation by a specialist is essential, and documenting these findings early can also matter if you later pursue a legal claim.

  • No movement in the newborn’s arm, wrist, or hand on the affected side
  • An arm that stays straight and pressed against the body rather than bending naturally
  • Reduced or absent grip strength when the hand is examined
  • A noticeably weaker or absent reflex response compared to the unaffected side

Every one of these symptoms warrants a conversation with your child’s doctor, and if malpractice contributed to the injury, a conversation with our firm as well.

Who May Be Held Responsible

Liability for a brachial plexus birth injury depends on the specific circumstances of the delivery and who made the decisions that led to the harm. Identifying the responsible party is a critical step in building a strong claim.

In many cases, the treating obstetrician bears responsibility for failing to recognize warning signs of a difficult delivery or for using excessive force once complications arose. Labor and delivery nurses can also share liability if they failed to communicate a baby’s distress to the physician in time. Hospitals may bear responsibility as well, particularly when understaffing, inadequate training, or defective equipment contributed to the injury. Our Indiana medical malpractice attorneys dig into hospital records, delivery notes, and staffing patterns to determine exactly where the breakdown occurred.

Building a Strong Case for Your Family

Proving medical negligence in a birth injury case requires detailed evidence and expert medical testimony. We work with obstetric and neurological experts who can evaluate whether the standard of care was breached and connect that breach directly to your child’s injury.

This process often includes reviewing fetal heart monitoring strips, delivery room notes, and any communications between medical staff during labor. We also consult with life care planners to project the true cost of your child’s ongoing therapy, potential surgeries, and long-term needs, since brachial plexus injuries can require years of treatment depending on their severity.

What Compensation May Cover

A successful claim can help ease the financial burden that often accompanies a lifelong or long-term injury. Compensation in these cases typically accounts for far more than immediate medical bills.

Families may be entitled to recover the cost of physical therapy, occupational therapy, and any surgical interventions their child requires as they grow. Compensation can also account for future medical needs, lost earning potential if the injury limits your child’s future career options, and the pain and emotional toll this injury takes on your entire family. Every case is different, and our Fort Wayne medical malpractice lawyers can walk you through what your family’s claim may be worth.

Contact Wagner Reese LLP Today

No family should have to navigate a brachial plexus injury diagnosis alone, let alone figure out whether medical negligence played a role. We bring the resources, medical knowledge, and trial experience needed to hold negligent providers accountable while you focus on your child’s care and recovery.

If your baby was diagnosed with Erb’s palsy or another brachial plexus injury after a difficult delivery in Fort Wayne, our team is ready to review the details of your case at no cost to you. Contact our office today to schedule a free, confidential consultation and find out what steps you can take next.