Expectant parents earnestly look forward to the day they’ll meet their baby. But for tens of thousands of parents every year, what’s supposed to be the best day of their lives quickly becomes a nightmare. There are countless ways for labor and delivery to go wrong. Some of these circumstances result in minor injuries that will heal quickly. But birth injuries can cause permanent physical and emotional trauma and, in the most tragic cases, end in death.
One rare but devastating injury is brachial plexus birth injury (BPBI), which occurs in 0.1% of births in the U.S. The brachial plexus is a group of nerves in the neck and shoulder that sends signals to other body parts, including the shoulders, hands, and arms. Brachial plexus function is essential for extremities to work correctly. An injury can significantly alter a child’s quality of life only minutes after being born. Patients may suffer from agonizing pain for the rest of their lives.
There is promising news. Complex surgeries can improve the range of motion and reduce discomfort, making life easier for children diagnosed with brachial plexus birth injuries. In one case at Boston’s Children’s Hospital, a surgeon transferred healthy nerves to the damaged part of a six-month-old’s arm. When the child was two years old, the same doctor moved healthy tendons to replace injured tissue. Today, the girl has regained significant function in her injured arm. In another example, a man who spent his life in pain from his brachial plexus injury experienced relief after supraclavicular neurolysis and rotational humeral osteotomy, two complicated procedures designed to treat injured nerves and increase movement. The man quickly felt better after the surgeries.
Before a brachial plexus injury repair is scheduled, a patient usually meets with neurosurgeons and plastic surgeons to decide the best way to move forward. From there, the team develops a detailed plan to determine which surgeries will occur, how many doctors will be involved, and how they will handle potential complications. While recovery is often a long process, brachial plexus surgeries have a success rate of up to 90 percent, which is encouraging news for patients. These treatments are possible due to medical advances and are a reassuring development for the many children and adults affected by brachial plexus birth injuries. But how many of these injuries are preventable in the first place?
Causes of Brachial Plexus Birth Injuries
Some birth injuries are inescapable, but many can be avoided if a medical practitioner knows potential causes and works to mitigate them. The below factors don’t guarantee a baby will have brachial plexus birth injury; with proper preparation, they can significantly lower the risk. However, these contributors increase the chance of a serious birth injury. One of the complications that can lead to brachial plexus birth injury is shoulder dystocia, which occurs after a baby’s shoulders become stuck during delivery. Not all instances of shoulder dystocia will end in a brachial plexus injury, but it significantly raises the chances. According to Boston Children’s Hospital, risk factors include:
Large gestational size: Babies in the 90th percentile or higher are classified as large gestational age. These babies are sometimes too large to be delivered vaginally, and a doctor may recommend a Caesarean section for safety reasons.
Multiple pregnancy: When a woman is pregnant with twins or triplets, vaginal delivery can present additional complexities. Pregnancies involving multiple babies are more susceptible to complications including brachial plexus.
Breech birth: Breech birth happens when a baby is born feet first instead of the typical head first position. Guiding a breech baby through the birth canal can present difficulties that aren’t present when a baby is positioned facing head down.
Prolonged labor: Prolonged labor lasts more than 20 hours for first-time mothers and over 14 hours for women with children. Also called failure to progress, prolonged labor is associated with poorer outcomes for both mothers and babies.
Vacuum or forceps delivery: When a baby becomes stuck in the birth canal, doctors may use vacuum suction and forceps to guide the baby out. Medical providers must act quickly when a baby doesn’t move, but vacuum and forceps tools significantly increase the risk of birth injuries.
History of Brachial Plexus Birth Injury (BPBI): Women who have previously delivered children with brachial plexus birth injuries are more likely to have the same experience in subsequent births. One study found that the risk increases so significantly that women whose babies experienced BPBI are 17 times more likely to have it happen again.
Do I Need A Birth Injury Attorney?
Your to-do list after a brachial plexus birth injury will be lengthy. Along with recovering from birth, you’ll likely be balancing doctor’s appointments with your fears about how the injury may affect your child. You have a lot going on, and you should consider discussing your child’s injury with a qualified attorney who can help you recover the damages you deserve. While nothing can undo the harm you’ve experienced, a birth injury attorney can help you move forward.
An attorney will examine all the evidence to strengthen your claim. They’ll look at medical records, talk to potential witnesses, and communicate with the hospital or birthing center where the injury occurred. You shouldn’t have to investigate on your own, and a birth injury lawyer will do the hard work for you. They’ll also evaluate whether the injury was preventable and if negligence was at play.
It’s essential to find an attorney experienced with birth injury cases who can answer your questions about the complex medical system, which can quickly become overwhelming. Lastly, a lawyer will help you determine a fair settlement considering medical bills, brachial plexus surgeries, lost wages, and pain and suffering so you don’t agree to less than you deserve.
Paulson & Nace has spent over four decades advocating for parents and newborns in the Washington, D.C. area. We offer free consultations and are happy to evaluate your brachial plexus birth injury case at no cost to you. To learn more about our firm and how we can help, fill out our online contact form or call 202-463-1999.
Both an Emory School of Law graduate and MBA graduate of Goizueta Business School at Emory, Chris Nace focuses his practice on areas of medical malpractice, drug and product liability, motor vehicle accidents, wrongful death, employment discrimination and other negligence and personal injury matters.