Brachial Plexus Injury Lawsuit

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

Brachial plexus injuries during birth can have lifelong consequences for newborns. While some symptoms may be minor or temporary, severe cases leave children with disabilities that affect their physical well-being for the rest of their lives. This can also lead to long-term financial and emotional struggles for them and their families.

If your child suffered a brachial plexus injury during birth, our experienced brachial plexus attorneys in Missouri can help. We can guide your brachial plexus lawsuit through the legal system and advocate for your child’s right to justice, accountability, and compensation. 

Brown & Crouppen is committed to providing top-tier representation and comprehensive legal services for birth injury victims. Our St. Louis and Kansas City birth injury lawyers are standing by to answer your questions and ensure you know your legal rights. Schedule a free consultation to speak with our compassionate brachial plexus injury attorneys today.

Understanding Brachial Plexus Injuries

Brachial plexus injuries occur when the network of nerves that control movement and sensation in the shoulder, arm, and hand are damaged. This damage can result from trauma, such as stretching, compression, or tearing of the nerves, often during childbirth.

Symptoms of brachial plexus injuries may include weakness, numbness, tingling, or loss of sensation in the affected arm or hand. In severe cases, long-term paralysis or limited movement may occur. The specific symptoms depend on the location and extent of the nerve damage.

Treatment for brachial plexus injuries varies depending on their severity and extent. Mild cases may improve with rest, physical therapy, and time, while more severe injuries may require surgery or other interventions to repair or replace damaged nerves. Often, the damage is irreparable.

Can You Sue for Brachial Plexus Injuries in Missouri?

You can absolutely sue for brachial plexus injuries, especially if the injury occurred due to medical malpractice during childbirth. If medical professionals fail to adhere to the standard of care expected in their specialization, resulting in harm to the infant, legal action may be pursued to seek compensation for damages. Brachial plexus injuries often involve: 

  • Difficult or prolonged childbirth
  • Shoulder dystocia
  • Improper use of delivery tools (forceps or vacuum extractor)
  • Excessive pulling or twisting of the infant’s head and neck during delivery
  • Incorrect positioning of the infant during delivery
  • Large birth weight of the infant
  • Maternal weight gain during pregnancy or diabetes 

Why You Should File a Brachial Plexus Lawsuit

Overall, filing a brachial plexus birth injury lawsuit can provide the financial resources and accountability necessary to support the child’s recovery and ensure that their rights are protected. You may recover compensation that will help with the cost of necessary medical care, equipment, and medications. Your child’s physical pain and emotional suffering may also be compensated.  

By taking a stand against negligent medical providers and holding them accountable for their mistakes, you will also help deter further malpractice. While nothing can undo what happened to your child, your medical malpractice lawsuit will help the legal system hold doctors to the highest standards and prevent future birth injuries to babies.

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Get started with a free consultation with one of our skilled Personal Injury Lawyers today.

Steps of a Brachial Plexus Injury Lawsuit

When filing a brachial plexus lawsuit, here are some of the basic steps you can expect:

1. Schedule a Free Consultation With a Birth Injury Lawyer

You should begin your brachial plexus injury lawsuit by scheduling a free consultation with our knowledgeable personal injury attorneys in Missouri. During this initial meeting, you’ll have the opportunity to discuss the details of your case, ask questions, and learn about your legal options. Our brachial plexus injury lawyers will evaluate the merits of your case, explain the legal claims process, and advise you on the next steps to take in pursuing compensation on behalf of your child.

2. Calculating Brachial Plexus Damages

After reviewing your child’s brachial plexus injury case, our attorneys will assess the value of your damages. This normally includes economic damages (e.g., medical expenses, lost wages, and future care costs) as well as more subjective non-economic damages (e.g., pain and suffering, disfigurement, emotional distress, and lowered quality of life). 

In 2015, Missouri capped non-economic damages in medical malpractice cases at $400,000 for “non-catastrophic injuries” and $700,000 for “catastrophic injuries.” These values are raised each year. As summarized by the Missouri Department of Insurance, catastrophic injuries include “quadriplegia, paraplegia, the loss of two or more limbs, significant and permanent cognitive impairment, irreversible failure of a major organ, or significant loss of vision.” 

By carefully evaluating all aspects of your child’s injury and its impact on their life, our brachial plexus injury attorneys will determine the amount of compensation they are legally entitled to. We will consider all ways to maximize the value of their claim. 

3. Collecting Evidence

To support your brachial plexus injury lawsuit, our attorneys will gather relevant evidence to strengthen your case. This may involve obtaining medical records, expert opinions, witness statements, and other documentation that demonstrate the cause and extent of the injury, as well as the liability of the responsible parties. Thoroughly collecting and organizing evidence is essential for building a compelling case and maximizing your chances of success.

4. Filing Your Brachial Plexus Injury Lawsuit

With the necessary evidence compiled, your attorney will file your brachial plexus injury lawsuit in the appropriate court. It will outline the details of your child’s injury, your claims against the defendant, and the full and fair compensation they owe. Once the lawsuit is filed, the legal claims process officially begins—the defendant will be served with a complaint, initiating formal legal proceedings.

5. The Discovery Process

During the discovery process, both parties exchange information and evidence relevant to the lawsuit. This may include written interrogatories, requests for production of documents, and depositions of witnesses and experts. Our attorneys will use the discovery phase to gather additional evidence, depose key witnesses, and uncover any potential defenses against your claim. 

6. Settlement Negotiations

As the discovery process unfolds, our attorneys will engage in settlement negotiations with the defendant or their insurers. The goal of these negotiations is to reach a fair and just settlement that adequately compensates your child for their brachial plexus injury and its associated damages. Our attorneys will advocate on your behalf, presenting evidence, expert opinions, and legal arguments to support your claim and secure a favorable settlement.

7. Trial

If a meaningful settlement cannot be reached through negotiation, your brachial plexus injury lawsuit may proceed to trial. During the trial, both parties present evidence, witness testimony, and legal arguments to a judge or jury. Our attorneys will vigorously advocate for your child’s rights and present a compelling case to the court, seeking to prove liability and obtain the compensation they deserve for their brachial plexus injury.

Who Is Eligible to File a Brachial Plexus Lawsuit?

Individuals eligible to file a birth injury lawsuit involving brachial plexus injuries typically include parents or legal guardians of the child who has sustained the injury. However, the injured child can file a lawsuit themselves up until their twentieth birthday. 

If the brachial plexus injury occurred due to medical negligence or malpractice during childbirth, the health care providers involved will be named as defendants in the lawsuit. They may include obstetricians, nurses, midwives, anesthesiologists, or other medical providers responsible for the care of the mother and child during labor and delivery.

Consulting with a knowledgeable birth injury attorney is essential to understand your legal rights and options for pursuing compensation for the harm caused by a brachial plexus injury. The birth injury legal team at Brown & Crouppen is standing by to help. 

When Should You File a Brachial Plexus Lawsuit in St. Louis?

The Missouri medical malpractice statute of limitations gives two years from the date of the malpractice to file a lawsuit. However, the law provides that “a minor less than eighteen years of age, such minor shall have until his or her twentieth birthday to bring such action.” 

Remember, defendants will file a motion to dismiss if you do not comply with the correct filing deadline. In most cases, the presiding judge will be forced to grant the motion, thereby eliminating your right to seek compensation in court. Avoid this result by consulting with one of our brachial plexus injury attorneys as soon as possible.

Reaching a Brachial Plexus Injury Settlement

Determining a settlement amount in a brachial plexus injury lawsuit hinges on several critical factors. The severity and extent of the injury play a pivotal role, with more severe cases often resulting in higher settlements (and verdicts if your case goes to trial). Additionally, the long-term implications of the injury, such as permanent impairment or disability, significantly influence the settlement negotiations.

The strength of evidence establishing liability is another crucial factor. The plaintiff must demonstrate that the injury resulted from the negligence or wrongful actions of another party, typically a health care provider during childbirth. Medical records, expert testimony, and witness statements contribute to proving liability and can impact the negotiation process. 

Moreover, the availability and adequacy of insurance coverage, including medical malpractice insurance, may influence the settlement amount and the defendants’ willingness to negotiate.

Before accepting a settlement, consult with an experienced personal injury attorney. There is normally no turning back once you accept, and you may end up leaving money on the table.

Let Brown & Crouppen Handle Your Brachial Plexus Lawsuit

If you or a loved one has suffered a brachial plexus injury due to negligence or malpractice, don’t wait to seek justice. The award-winning legal team at Brown & Crouppen has the knowledge, resources, and experience needed to fight for your rights and pursue the full and fair compensation you deserve. With more than 40 years of experience under our belts and over $1 billion recovered for our clients in settlements and verdicts, you can trust us to fight for you. 

We are dedicated to providing excellent legal services to communities throughout the state. We have multiple offices in Missouri, including in St. Louis and Kansas City. Call (800) 536-4357 or fill out our online contact form to schedule a free consultation.

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