If your child suffered a brachial plexus injury during birth, such as Klumpke or Erb’s palsy, you may be looking for answers.

The brachial plexus is a network of nerves that controls the signals from the spine to the shoulder, arm, and hand. These two types of brachial plexus injuries, affecting about 1 to 3 babies per 1,000 live births, impact the body differently, leading to various mobility issues for your child. However, both conditions can be caused by improper handling or excessive force applied to your child’s neck and shoulder during delivery.

If you suspect that substandard medical care has resulted in Erb’s or Klumpke’s palsy in your newborn, our Michigan birth injury lawyers at Fieger Law are ready to assist your family in seeking compensation.

Klumpke’s Palsy vs. Erb’s Palsy: What’s the Difference?

Klumpke’s Palsy and Erb’s Palsy are similar birth injuries, but there are subtle differences in the way they affect your child. Below is a breakdown of the differences between the birth injuries:

 

Aspect Klumpke’s Palsy Erb’s Palsy
Description Affects the lower nerves of the brachial plexus, impacting hand and wrist movements. Affects the upper nerves of the brachial plexus, impacting shoulder and elbow mobility.
Causes Often results from excessive pulling on the arm when the baby’s shoulder is trapped during delivery. Typically occurs when there is abnormal pressure on the baby’s neck and shoulder during birth, sometimes due to improper use of forceps.
Treatments Treatment includes physical and occupational therapy. In severe cases, nerve grafts or nerve transfers might be necessary. Often requires regular follow-ups with a pediatric neurologist. Initial treatment involves physical therapy. If there’s no improvement in mobility by 3-6 months, nerve surgeries such as neurolysis or nerve grafting may be considered.
Effects on Child May result in a claw-like deformity of the hand and wrist; grip strength can be severely affected. Children may struggle with life-long effects on fine motor skills and may need adaptive devices. Limited movement in the affected arm; the baby may be unable to raise their arm or rotate the shoulder. Long-term effects can include muscle atrophy and permanent loss of function if untreated.

 

At Fieger Law, we represent the rights of parents and babies affected by subpar medical care. We can help you fight against hospital legal teams and insurers, helping you and your family get a fair settlement to ensure your child has a secure future if a doctor caused your baby’s condition.

Is Your Baby’s Condition Caused by Medical Negligence?

Both Klumpe’s and Erb’s palsy can be caused by medical negligence. When you work with our attorneys, we will investigate your case to determine if the provider’s actions led to your child’s birth injury. We’ll look for indications of medical negligence, such as:

  • Excessive force used during delivery
  • Failure to respond to fetal distress
  • Lack of timely decision-making, such as delaying a necessary cesarean section when a birth has complications
  • Improper use of delivery tools like forceps or a vacuum-extractor
  • Insufficient monitoring of the baby’s position before and during delivery
  • Inadequate training or experience of the healthcare provider or hospital staff
  • Failure to anticipate birthing complications despite known risk factors

Compensation You Can Receive for Your Baby’s Birth Injury

When your baby suffers a birth injury like Klumpke’s or Erb’s palsy due to medical negligence, your family may be eligible for compensation. This financial support can help cover medical expenses and other damages resulting from the injury.

Your legal team at Fieger Law can help you demand the following as part of your claim:

  • Medical Expenses: This covers the costs of immediate and future medical care, including surgeries, medications, and specialized medical equipment, such as arm braces, necessary for managing Klumpke’s or Erb’s palsy.
  • Rehabilitation Costs: Provides for physical and occupational therapy to improve limb function and address developmental delays associated with these palsies.
  • Assistive Equipment: Children who suffer from severe, permanent brachial plexus injuries may require adaptive or assistive equipment to perform daily tasks. A settlement should include costs to purchase this type of equipment.
  • Lost Earning Potential: Compensation for the potential loss of the child’s ability to earn income in the future, factoring in the injury’s long-term effects and care requirements.
  • Pain and Suffering: Compensates for the physical pain endured by the child and the emotional distress experienced by the family as they adjust to the long-term implications of the injury.

Let Us Help Your Family After a Birth Injury

Birth injuries like Erb’s Palsy and Klumpke’s palsy are devastating for families, not just emotionally but also financially. Our compassionate attorneys at Fieger Law have a strong track record of success in birth injury cases, including securing one of the largest settlements in the nation at $144.5 million for a birth injury case.

We know what it takes to prove medical negligence and get you and your child fair compensation to help pay for the road ahead. Contact us today for a free case review where you can share your story and learn your legal options.