Chicago Brachial Plexus Injury Lawyer

If your child has suffered a brachial plexus birth injury, an experienced Chicago brachial plexus injury lawyer from our team can help you pursue financial compensation for medical care, therapy, and long-term needs.

What is the Brachial Plexus?

The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand. These nerves extend from the spinal cord in the neck, passing through the shoulder and into the arm. They are responsible for muscle control, coordination, and feeling in the upper arm and hand.

When these nerves are stretched, compressed, or torn during birth, a brachial plexus injury can occur, leading to weakness, loss of motion, or severe damage. In some cases, brachial plexus birth injuries result in lifelong disability, requiring ongoing medical care and therapy.

Types of Brachial Plexus Injuries

A brachial plexus injury occurs when the nerves are stretched, compressed, or torn. The severity of the injury depends on the extent of nerve damage. The main types of brachial plexus birth injuries include:

• Avulsion – This is the most severe type of plexus injury, in which the nerve is completely torn from the spinal cord. Damage like this can result in total loss of movement and sensation in the affected arm. Avulsion injuries often require surgical intervention, such as nerve grafts or transfers, to restore function.
• Rupture – A nerve tear that does not completely detach from the spinal cord. This type of nerve injury can cause weakness in the muscles, loss of coordination, and limited mobility in the baby’s shoulder and arm. Surgery may be needed to repair the torn nerve.
• Neuroma – When a nerve is injured, scar tissue can form, creating pressure on the nerve fibers. This can result in chronic pain, limited range of motion, and weakness in the arm. Physical therapy and, in some cases, surgery may be required.

Each type of brachial plexus injury affects a child’s ability to move and feel their arm. A Chicago birth injury lawyer can help families seek compensation for medical expenses, therapy, and long-term care.

Symptoms of Brachial Plexus Injuries

The symptoms of a brachial plexus injury vary depending on the severity of nerve damage. In some cases, a child may recover with therapy, while more severe injuries can lead to lifelong impairments. Common signs of a child’s brachial plexus injury include:

• Muscle weakness – The affected arm may appear limp, and the child may struggle to lift or move it.
• Limited range of motion – The baby may be unable to bend the elbow, rotate the wrist, or grip objects.
• Numbness or loss of sensation – Some babies experience reduced feeling in the arm, shoulder, or hand.
• Pain or discomfort – Damage to the nerves can cause mild to severe pain, especially if the injury includes a neuroma.
• Abnormal reflexes – The injured arm may not respond to touch or stimulation like the uninjured side.
• Uneven movement – If one arm moves normally while the other remains weak or limp, this may indicate a brachial plexus birth injury.

If these symptoms appear after birth, parents should seek immediate medical attention. Early diagnosis and physical therapy can improve recovery. If medical negligence caused the injury, a brachial plexus injury attorney can help families pursue a birth injury lawsuit to cover medical costs and future care.

Causes of Brachial Plexus Injuries

A brachial plexus injury can occur during birth or later in life due to trauma or other medical conditions. It often results from excessive stretching or tearing of the local nerves, which control movement and sensation in the upper arm and hand.

In many cases, medical negligence or preventable accidents contribute to these injuries, which can lead to permanent disability. Understanding the causes of brachial plexus birth injuries can help determine whether legal action is necessary.

Birth Injuries

One of the most common causes of a child’s brachial plexus injury is birth trauma, particularly in difficult deliveries. When shoulder dystocia occurs, the baby’s shoulder becomes stuck behind the mother’s pelvic bone, putting excessive strain on the brachial plexus nerves. Doctors may use excessive pulling or apply too much force, increasing the risk of nerve damage. Other risk factors for brachial plexus birth injuries include:

• Breech birth – When a baby is born feet-first, the infant’s neck and shoulders may be stretched, leading to a plexus injury.
• Gestational diabetes – Babies born to mothers with this condition tend to be larger, making delivery more challenging.
• Narrow pelvis – If the mother’s pelvis is too small, it can create complications during the labor and delivery process, increasing the risk of nerve injury.
• Use of delivery tools – Forceps or vacuum extractors, when misused, can put excessive pressure on the baby’s shoulder and arm.

If medical professionals fail to handle these complications properly, it may be considered medical malpractice, and families may be entitled to compensation through a birth injury lawsuit.

Traumatic Accidents

A brachial plexus injury can also occur due to trauma later in life. Sudden impact or forceful stretching of the nerve fibers can result in severe injuries, such as:

• Car accidents – A crash can cause the infant’s neck and shoulder to be violently pulled, leading to damage.
• Motorcycle accidents – Riders often experience severe brachial plexus injury when thrown from their bike, as the impact can stretch or tear the local nerves.
• Falls – A direct impact to the upper arm or an outstretched hand can injure the plexus nerves, particularly in young children and older adults.

When another party’s negligence causes these injuries, a brachial plexus injury attorney can help victims recover compensation for medical bills, therapy, and lost wages.

Other Causes

While birth trauma and accidents are the most common causes, brachial plexus injuries can also result from:

• Sports injuries – High-contact sports like football, wrestling, and gymnastics put athletes at risk for plexus injury due to sudden impact or overextension of the nerve fibers.
• Medical procedures – Surgical errors or improper positioning during anesthesia can damage the nerves.
• Violent assaults – Physical attacks, such as being forcefully grabbed by the arm or shoulder, can cause nerve injury.

Regardless of the cause, a brachial plexus injury attorney can help determine whether negligence contributed to the injury and assist in pursuing lawsuits to seek compensation.

Diagnosing and Treating Brachial Plexus Injuries

Early diagnosis of a brachial plexus injury is essential to prevent further complications and determine the best course of treatment. Medical professionals use various tests to assess the severity of the nerve injury, including:

• Nerve conduction studies – Measures how well electrical signals travel through the brachial plexus nerves.
• Electromyography (EMG) – Evaluates muscle activity and detects nerve damage.
• MRI or CT scans – Provides detailed images of the nerve fibers, spinal cord, and surrounding structures.

A prompt diagnosis can help determine whether a child requires therapy or surgery to improve function in the affected arm.

Treatment Options

The treatment for a brachial plexus injury depends on the severity of the nerve damage. Common options include:

• Physical therapy – Helps strengthen muscles and improve range of motion in the affected arm.
• Occupational therapy – Teaches children how to adapt to weakness in the muscles and regain function in daily activities.
• Medications – Pain relievers and anti-inflammatory drugs may help reduce discomfort from severe damage.
• Surgical intervention – In cases of severe brachial plexus injury, procedures such as nerve grafts, nerve transfers, or muscle transfers may be necessary to restore function.

Early treatment is critical, as delays can lead to lifelong disability. If medical negligence contributed to the injury, a brachial plexus injury attorney can help families seek compensation for medical expenses and long-term care.

The Role of a Brachial Plexus Injury Attorney

Families dealing with a brachial plexus injury often face significant medical bills, long-term therapy, and emotional distress. 

If the injury was caused by medical negligence or another party’s wrongdoing, a Chicago medical malpractice lawyer can help pursue compensation through a brachial plexus lawsuit. Skilled legal representation ensures families receive the support they need.

Legal Expertise

Birth injury and brachial plexus injury cases require a lawyer with experience handling medical malpractice and personal injury claims. A qualified brachial plexus injury attorney understands the complexities of brachial plexus lawsuits and can determine whether medical professionals failed to meet the standard of care. Lawyers experienced in brachial plexus birth injuries can:

• Identify medical negligence that caused the injury, such as excessive force during delivery.
• Evaluate the long-term impact of the injury, including therapy costs and lifelong disability.
• Build a strong case for maximum compensation to cover medical care, therapy, and future needs.

Investigation and Evidence Gathering

A brachial plexus injury lawyer thoroughly investigates the cause of a child’s birth injury by collecting evidence and consulting with experts. This process includes:

• Gathering medical records – Reviewing documentation from the labor and delivery process to identify errors or risk factors that led to the injury.
• Consulting medical experts – Specialists assess whether medical professionals followed proper procedures during birth.
• Interviewing witnesses – Nurses, doctors, and other staff may provide insight into what happened during the delivery process.

Negotiation and Litigation

A skilled brachial plexus injury lawyer negotiates with insurance companies and responsible parties to secure a fair settlement. This process includes:

• Negotiating with insurance companies – Ensuring families receive enough compensation for medical bills, therapy, and long-term care.
• Filing a medical malpractice lawsuit – The attorney can take the case to court if a fair settlement isn’t reached.
• Fighting for compensation – In brachial plexus injury lawsuits, lawyers seek damages for medical bills, lost earning capacity, and pain and suffering.

Types of Damages in Brachial Plexus Injury Claims

A brachial plexus injury lawsuit can help families recover compensation for the financial and emotional impact of their child’s injury. The damages available in these cases may include:

• Medical expenses – This covers past and future hospital stays, surgeries, physical therapy, and rehabilitation costs. Severe cases requiring surgery or long-term care can result in substantial medical bills.
• Lost wages – If a parent must leave work or reduce hours to care for a child with a severe brachial plexus injury, they may be entitled to compensation for lost income.
• Pain and suffering – Accounts for the physical pain and emotional distress caused by nerve damage, muscle weakness, and lifelong disability.
• Loss of enjoyment of life – If the affected arm has permanent damage, the child may be unable to participate in sports, hobbies, or daily activities, significantly impacting their quality of life.

An experienced brachial plexus injury attorney can help determine the full extent of damages to ensure families receive the compensation they deserve.

Proving Damages

To secure compensation, strong evidence is essential. A brachial plexus injury lawyer gathers key documentation, including:

• Medical records – Proving the extent of nerve injury, necessary treatments, and future care needs.
• Expert testimony – Medical specialists can explain how the injury occurred and its long-term effects.
• Therapy and rehabilitation reports – Detailing progress and any ongoing mobility challenges.
• Financial records – Demonstrating lost income, therapy costs, and out-of-pocket expenses.

Statute of Limitations

Under 735 ILCS 5/13-202, Illinois law limits the time families have to file a medical malpractice lawsuit for a child’s birth injury. In most cases, parents must file a claim within eight years of the injury, but if the injury wasn’t immediately discovered, a lawsuit must be filed before the child turns 22.

Book a Free Consultation

If your child suffered a brachial plexus injury due to medical negligence or another party’s actions, you may be entitled to financial compensation.

At Rosenfeld Injury Lawyers, we are committed to helping families secure the support they need for medical care, therapy, and long-term recovery. Our law firm works on a contingency fee basis, meaning you pay nothing unless we win your case.We offer a free case evaluation to discuss your legal options and determine your case’s best course of action. Call our experienced personal injury lawyers in Chicago at (888) 424–5757 or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.