A brachial plexus injury affects the nerves that run from the neck to the arm, and is most common when a baby becomes stuck behind the mother’s pubic bone during delivery.

In an effort to manipulate the child through the birth canal, the physician might exert excess pressure and stretching to those nerves, which can result in injury. A brachial injury might also occur through improper use of devices that aid in the delivery process, such as vacuums or forceps.

In many cases, a brachial plexus injury is caused by negligence on the part of the medical staff. In some cases, a vaginal delivery is tried even though a Cesarean delivery might be a safer option, such as when a baby is breech or large in size. Allowing a vaginal birth to continue, even though it is not progressing at a satisfactory rate, can lead to nerve injury. As a result of this negligence, a lawsuit for medical malpractice resulting in birth injury can be filed.

A plaintiff claims medical negligence after her child’s birth injury

One victim of such malpractice filed a lawsuit alleging a birth injury on January 23, 2012, in the Circuit Court of Cook County, Illinois. The suit claims that the doctor caring for the mother of the injured infant was negligent in his care during both the pregnancy and delivery process. The lawsuit states that as a result of that negligence, the child suffered a brachial plexus injury and other medical problems when he was born on January 24, 2004.

Plaintiff Erin Burke’s lawyer seeks damages for the injuries her child, Dylan Burke, sustained during the delivery process.

A number of counts of negligence cited

Because of the medical mistakes made, Plaintiff Burke commenced a birth trauma lawsuit with allegations of negligence on a number of counts including:

• Failure to provide adequate antenatal care to Burke during her pregnancy

• Failure to perform a proper delivery of Burke’s child on January 24, 2004

• Performance of excessive manipulations that led to brachial plexus injury

• Failure to alter medications Burke was taking during pregnancy

As a result of these alleged negligent acts, Burke claims in her brachial plexus filing that her child Dylan sustained nerve injury, neurological impairment, a skull fracture, and intracranial hemorrhage. Her lawyer states that the child now suffers from serious, permanent impairments that will require ongoing medical care and treatment. Burke is asking for damages to compensate for past and future medical expenses, future lost earning potential and loss of enjoyment of a normal life.

An attorney can help you gain compensation for your child’s birth injury

Negligence on the part of the doctor or other medical personnel may be the cause if your child has suffered a brachial plexus injury at birth. The lawyers at Balkin and Eisbrouch have over 40 years of experience litigating these types of cases and earning much-needed financial compensation for families who have suffered from these devastating birth injuries. Contact us for a free consultation and case evaluation with one of our leading attorneys today.