Blume Forte partner Kenneth A. Berkowitz obtained a 1.25 million dollar settlement on behalf of a four-year-old child who suffers from the limited use of his left arm due to a brachial plexus injury he sustained during delivery.
The baby’s shoulder became trapped behind the mother’s pubic bone after the head was delivered and the nurse midwife was not able to deliver the baby. An obstetrician assisted and completed the delivery. The Plaintiffs’ experts testified that at least one of the healthcare professionals used excessive downward traction on the baby’s head in their efforts to free the shoulder and deliver the baby. This excessive traction caused permanent injury to the baby’s brachial plexus nerves. Despite undergoing surgery, the baby’s damaged nerves could not be repaired.
The brachial plexus is a nerve network, with nerves exiting the cervical spine (neck); which control the shoulders, arms, wrists and hands. These nerves can be stretched, torn, or even pulled out of the spinal cord by a healthcare professional who fails to utilize the proper maneuvers and/or exerts excessive force while trying to resolve shoulder dystocia. Such damage can result in the limited use or even complete paralysis of the shoulder, arm, wrist, and/or hand. Such conditions are referred to as Erb’s Palsy and Klumpke’s Palsy.
If your child suffers from a brachial plexus injury as the result of medical negligence, you may be able to pursue a medical negligence action. To find out whether you may have a meritorious claim, contact the experienced NJ Erb’s palsy lawyers at Blume Forte for a no-cost consultation. Call us at (973) 635-5400.