Injuries to a baby’s brachial plexus nerves at birth can cause severe physical disabilities. Injury to the lower brachial plexus roots sometimes results in a rare form of paralysis called Klumpke’s palsy.
A baby with Klumpke's palsy may experience weakness or paralysis in their forearm and hand. Proper treatment in mild cases can cure the condition. However, children with severe nerve damage may experience a permanent loss of function in the affected arm and hand.
Early intervention is crucial for recovery from Klumpke’s palsy. Parents should be proactive in seeking medical attention if they suspect their child may have the condition.
Klumpke's palsy can occur from complications during labor and delivery. In many cases, the underlying cause traces back to a healthcare professional's failure to anticipate or control birth-related risks.
Medical professionals can also neglect taking proper action after a child’s brachial plexus injury. Failing to intervene or refer a family to a specialist in cases of Klumpke’s palsy can delay critical early treatment. Healthcare providers commit medical malpractice when their actions (or inaction) cause preventable birth injuries or worsen an existing injury.
Our birth injury lawyers help families seek justice and compensation for preventable injuries to mothers or their babies during childbirth. If you or your baby suffered preventable harm from nerve damage at birth, don’t hesitate to contact our firm. We can answer difficult legal and medical questions and investigate the facts on your behalf.
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(888) 987-0005Our Birth Injury Lawyers are available to meet you in your home or the hospital.
Our vast network of medical experts and in-house nursing staff and nurse-attorneys gives us the edge over our competition. When we take your case, we assign you with not just an attorney but an entire medical team. This team includes attorneys, experienced nursing advocates, and seasoned medical experts.
Your team is available to assist with any day-to-day treatment you or your child may need. This includes assistance with obtaining medical records, scheduling doctors’ appointments, providing transportation, and any other problems that may arise.
We offer all of this on a contingency fee basis. This means you will not pay any fees until after we win your case and secure a settlement. We have an unmatched track record of birth injury results that sets us apart from other birth injury law firms.
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Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our team of top-rated birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
Klumpke's palsy is a birth injury named after physician and neuroanatomist Augusta Déjerine-Klumpke. It is a form of paralysis (palsy) that stems from damage to the lower part of the baby’s brachial plexus.
The brachial plexus is a network of five spinal nerves that control movement in the neck, shoulders, arms, and hands. Damage to these nerves, specifically the C8 and T1 nerve roots, can partially paralyze a baby's hand and forearm muscles.
A hallmark symptom of Klumpke's palsy is a claw-like hand presentation, sometimes informally called “Klumpke’s claw.” This occurs after the weakened or paralyzed hand muscles retract, causing the child's fingers to curl into a claw-like shape.
Erb-Duchenne or Erb's palsy is the more common type of brachial plexus birth injury. It occurs in approximately 0.9 to 2.6 per 1,000 live births.
Erb’s palsy affects the upper portion of the brachial nerve (C5 and C6), paralyzing the upper arms and shoulders. It can happen after a baby's neck stretches too far to one side during a difficult delivery.
Children with Erb's palsy may experience limited movement or an inability to raise their arms. But unlike Klumpke’s palsy, they may retain some motion in their hands and fingers.
The outcomes for children with Klumpke's palsy or Erb's palsy can vary depending on the severity of their nerve damage. But an early diagnosis and treatment can significantly improve their disabilities and help them regain function.
Klumpke's palsy ultimately results from varying degrees of damage to the brachial plexus nerves. The four types of acute brachial plexus injuries listed from milder to more severe, include the following:
Some maternal risk factors that can raise the risk of Klumpke's palsy include:
Labor and delivery complications can also contribute to the development of Klumpke's palsy. Common risk factors include:
A baby's shoulder becoming trapped behind the mother's pubic bone during delivery can result in a prolonged and difficult delivery. This birth complication can require using specific techniques, such as the McRoberts maneuver or suprapubic pressure.
These methods involve repositioning the mother or applying pressure to the lower abdomen to help shift the baby's position. However, excessive force or awkward twisting of the baby's body during these maneuvers can cause nerve damage.
Babies delivered in a breech position have an increased risk for nerve damage from birth trauma. The awkward positioning of the baby during a breech birth can result in brachial plexus injuries leading to Klumpke's palsy.
As the baby pushes through the birth canal, the abnormal positioning causes excessive stretching, pulling, or twisting on their neck. These forces may damage the brachial plexus nerves, leading to weakness or paralysis in the arm or hand.
Overuse or improper administration of labor inducing medications like Pitocin and Cytotec can result in prolonged or arrested labor. This increases the risk of birth complications such as excessive uterine contractions, fetal distress, or the need for emergency interventions.
These issues can place additional stress on the baby's nerves during the delivery process. This added stress may contribute to the development of Klumpke's palsy.
Babies with a birth weight greater than 8 pounds, 13 ounces have an increased risk for brachial plexus injuries. Larger babies have higher difficulty passing through the birth canal, especially when the mother has a small pelvis.
Medical staff may employ various techniques to help dislodge the baby from the birth canal. These methods can involve excessive pulling, twisting, or compression of the baby's arm or shoulder. This increases the risk of straining the baby's brachial plexus, which can result in nerve damage.
A prolonged second stage of labor (lasting beyond an hour) can put significant stress on both the mother and baby. If a doctor fails to perform an emergency C-section, it could put the baby at risk of oxygen deprivation. This can indirectly increase the likelihood of birth injuries like Klumpke's palsy.
Misuse of forceps or vacuum extractors can cause significant birth trauma to a baby during delivery. These tools can exert excessive pressure on the baby's head, neck, or shoulders if medical professionals use an improper technique. This can potentially cause nerve damage, fractures, or other injuries.
Medical professionals must exercise caution and follow established protocols when using delivery tools to avoid causing preventable harm.
Klumpke's palsy can also result from accidents, traumatic birth injuries, or tumors affecting the brachial plexus nerves. Restoring or improving range of motion may not always be possible in cases where tumors or lesions cause the condition.
Symptoms of Klumpke's palsy can vary based on which nerves received damage and the severity of the injury. Some babies with Klumpke's palsy may exhibit a range of symptoms that are apparent from birth. Others may exhibit more subtle signs that doctors may not immediately notice.
Common symptoms of Klumpke's palsy include:
Medical professionals should take a careful note of any awkward positioning of a baby’s arms and hands after birth. Recognizing symptoms as early as possible gives the newborn their best shot at improving the condition.
Diagnosing Klumpke's palsy typically begins with observing the child's symptoms and conducting a thorough physical examination. During this evaluation, the doctor will carefully assess the baby's arm for signs of weakness, limited range of motion, or abnormal positioning. They may also evaluate the baby's hand and fingers for signs of "Klumpke’s palsy claw" or other deformities.
To confirm the diagnosis and pinpoint the location and severity of nerve damage, doctors may utilize the following diagnostic tools:
A newborn exhibiting any signs or symptoms of Klumpke’s palsy should see a doctor immediately for diagnosis. Early intervention is critical in addressing Klumpke's palsy and can significantly impact the child's recovery and long-term outcomes.
After diagnosing Klumpke's palsy, treatment will depend on the severity of the injury and the specific needs of the child.
In mild cases, babies with Klumpke's palsy will regain normal or near-normal function after a few months without needing treatment. Researchers estimate that up to 88% of infants recover by 4 months and 92% by 12 months.
Newborns should begin light exercises and physical therapy as early as possible to improve the range of motion, reduce pain, and promote healing in the nerves. Physical therapy may also include gentle massage and using splints to help realign the hand, wrist, or arm.
For more severe cases where the baby tore or ruptured their nerve, surgery may be necessary to repair the damage. Depending on the location and extent of the nerve damage, a doctor may recommend the following procedures:
Doctors will usually consider surgery when the infant shows little improvement after three to six months of undergoing non-surgical interventions. Non-surgical interventions can include physical therapy, splinting/orthotics, and continued massaging and stimulation of the affected area.
Early intervention with surgery can often yield better outcomes, minimizing the risk of permanent disability or functional limitations. But medical specialists must carefully assess each child’s symptoms and case severity before deciding the best course of action.
The medical expenses associated with treating Klumpke's palsy can be significant, especially the long-term therapies, surgeries, and rehabilitation. These costs can add up over time, affecting the child's immediate care and their future needs as they grow.
Families often carry a heavy financial and emotional burden when their child endures disabilities from birth. But financial compensation for these medical expenses is possible when their child’s injuries happened because of a medical provider’s negligence.
A medical professional can risk injuring the baby’s brachial plexus with the following mistakes:
A child can sustain devastating brachial plexus injuries like Klumpke’s palsy when medical providers commit negligence during delivery.
Families who have experienced the effects of birth injuries deserve to know whether they were avoidable. Our birth injury lawyers help you seek justice and compensation for preventable injuries by proving medical negligence occurred. We handle medical malpractice cases involving birth injuries to babies, including brachial plexus injuries like Klumpke’s palsy.
A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident.
It is essential to understand that statutes of limitations vary based on the case and the state where you file. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to private property.
Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule. In some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.
For example, if the party that injured you was:
You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, you may have less time to give notice if:
If you file your case outside of the statute of limitations, the court will typically dismiss it. This means you will not be eligible to recover compensation for you or your child’s injuries.
Determining when a statute of limitations begins on your case can be tricky. Our birth injury lawyers can help inform you of all the important filing cutoff dates in your state. We will help your family seek justice and compensation for preventable injuries to you or your baby.
Physicians have a duty to protect a child from injuries amid labor and delivery complications. Our top rated birth injury lawyers can identify medical malpractice and help you secure compensation to afford your child’s medical expenses. However, it first takes an expert review of the facts to determine whether medical professionals made preventable errors.
Our team of committed attorneys, nurses and paraprofessionals works to answer these questions and seek compensation. We use our detailed medical negligence case review process to assess your potential birth injury case.
We start by learning more about your pregnancy by gathering records to determine what happened before and during your delivery. This includes evaluating prenatal testing procedures and any action taken during childbirth.
We will call in skilled medical experts who review your records and provide insight into where medical professionals went wrong. If we feel medical negligence caused your baby’s injuries nerve damage and resulting conditions, we contact you to discuss further. We will help your family seek justice and compensation for preventable injuries by proving medical negligence occurred.
At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment once you do. The sooner you reach out, the sooner we can investigate your case and gather the evidence to support your claim.
We work on a contingency fee basis, meaning you will not pay any legal fees until we win your case. We do not purse any medical malpractice cases unless we fully believe we can win.
Contact us today to schedule your free consultation by calling our toll-free line at (888) 987-0005. You can also reach us by filling out our online request form.
At Miller Weisbrod Olesky, the attorneys, nurses, and staff understand that parents of children with birth injuries feel overwhelmed. So, every client has the attention and support of a team of trained, compassionate professionals. But we don’t just offer compassion.
We offer a process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury was caused by a medical error.
Call our offices today at 888.987.0005 for experienced assistance in a free consultation.