September 14th 2015
1) Is my Brachial Plexus Injury Permanent
The vast majority of brachial plexus birth injuries are resolved by 2 years of age. Nerves that are not severed can heal over time and much function can be restored. These injuries are not typically caused by a doctor pulling. After two years however the chances of the nerve regenerating are almost nil. A permanent injury means more extensive nerve damage.
2) Do I have severed or ruptured nerves?
Usually this means there has been surgery where a surgeon identifies nerve roots that are severed or ruptured from the spinal cord ( also called avulsions). Severed roots will never regenerated themselves on their own and are almost never caused by “nature”
3) Did I have Shoulder Dystocia at birth?
This is obstetrical complication is usually ( but not always) identified in your mother’s birth records where your shoulder got stuck during delivery. Typically you were a larger baby ( over 4000 grams) and your mother may also have been heavy. Diabetic moms also tend to have large babies. BPI accompanied by Shoulder dystocia is highly linked to medical neglect.
Sometimes your lawyers will need to request the medical records themselves to gather more detail. But these three items are the biggest red flags for an Erb’s palsy lesion caused by a doctor at delivery. These case are compensable and should be reviewed by a birth injury lawyer.
I would be happy to speak to you directly about your child’s case.
Andrea Girones agirones@gironeslawyers.com
