Birth Injury, Including Brain Damage, Shoulder Dystocia, Brachial Plexus & Erb’s Palsy - Philadelphia

The birth of a child is supposed to be the most joyous time in a person’s life. Parents place all of their hopes and dreams on the delivery of a healthy baby. But in cases of birth injury, joy and hope are replaced by panic, terror, and devastation. Attorney Gerard Bernhardt represents families of children who have suffered birth injury in Philadelphia and surrounding areas. He understands the sensitive and complex nature of birth injury cases, so you can count on him to treat you with compassion and respect as he aggressively represents your case.

What is Birth Injury?

Birth injury results from complications before, during, or shortly after birth. Birth injury ranges from mild to severe and can result in long-term physical and mental disability for the child.

In some cases, birth injury is caused by the health care provider’s negligence. If birth injury was the result of any of the following conditions, you may have a medical malpractice case:

• The doctor or nurse failed to anticipate the size of the baby or a high-risk condition in the mother
• The doctor or nurse failed to treat the baby after it developed distress during delivery
• The doctor or nurse delayed the order for caesarean section (C-section)
• The doctor or nurse failed to diagnose and treat preterm labor
• The doctor or nurse failed to respond to umbilical cord complications
• The doctor or nurse inappropriately administered Pitocin or other drugs to induce labor
• The doctor or nurse misused forceps or a vacuum extractor during delivery

Examples of birth injury due to medical negligence include cerebral palsy, brachial plexus, Erb's palsy, shoulder dystocia, and brain damage.

Cerebral Palsy

Cerebral palsy is a term used to describe a group of disorders that affect body movement and muscle coordination. Cerebral palsy is caused by brain damage that occurs before, during, or after delivery. If a medical mistake is the cause of your child’s brain damage, you may be entitled to compensation.

If you would like to learn more about cerebral palsy, please visit the cerebral palsy page of our website or contact birth injury lawyer Gerard Bernhardt in Philadelphia today.

Brachial Plexus

The brachial plexus is a group of nerves that sends signals from the spine to the shoulders, arms, and hands. The brachial plexus nerves can be stretched or torn if the baby’s shoulders become impacted during delivery or if the baby's shoulders are pulled with unnecessary force. Birth injury lawyer Gerard Bernhardt represents brachial plexus victims in Philadelphia and surrounding areas.

Conditions caused by brachial plexus injuries include, but are not limited to, lack of muscle control in the arm, hand, or wrist, a limp or paralyzed arm, and lack of feeling or sensation in the arm or hand.

There are four types of brachial plexus injuries:

• Avulsion: The most severe form of brachial plexus injury, avulsion occurs when the nerve is torn from the spine.
• Rupture: With this form of brachial plexus injury, the nerve is torn, but not at the spine
• Neuroma: With this form of brachial plexus injury, scar tissue grows around the injury, preventing the nerve from sending signals to the muscles.
• Neuropraxia: This form of brachial plexus injury, also called stretch, occurs when the nerve is damaged but not torn.

According to the National Brachial Plexus / Erb’s Palsy Association, brachial plexus injuries occur in one to three of every 1000 live births. Ninety percent of brachial plexus injuries in children are caused by a traumatic stretching of the plexus during birth. If your child has suffered a brachial plexus injury in Philadelphia, contact birth injury lawyer Gerard Bernhardt today.

Erb's Palsy

Erb's palsy is a form of brachial plexus. Erb’s palsy, which is commonly associated with shoulder dystocia, is caused when the nerves that control the upper arm and shoulder are injured during birth. Erb's Palsy causes a variety of complications, including a loss of movement and feeling in the shoulder or arm, uncontrolled movement, and loss of use of the shoulder or elbow muscles. Birth injury lawyer Gerard Bernhardt helps victims who have suffered Erb’s palsy in Philadelphia and throughout Pennsylvania.

Erb's Palsy can range from mild, such as a slight weakness in the arm, to severe, such as complete arm paralysis. If the case of Erb’s palsy is mild, the child has an excellent chance of making a full recovery; however, if the case of Erb’s palsy is severe, the child has only a small chance of making any improvement.

Erb's Palsy is generally diagnosed immediately after delivery. If the case of Erb’s palsy is minor, the baby can be treated with physical therapy. The more serious cases of Erb’s palsy are treated surgically.

Not all cases of Erb’s palsy are the result of the doctor’s negligence; however, if the doctor fails to perform tests to identify the patient’s risk for shoulder dystocia, or if the doctor fails to use the appropriate measures to dislodge the shoulder, he or she may be held legally liable for Erb’s palsy injuries.

If your child has suffered Erb’s palsy in Philadelphia or surrounding areas as the result of medical malpractice or negligence, contact birth injury lawyer Gerard Bernhardt today.

Shoulder Dystocia

Shoulder dystocia occurs when the baby’s shoulder becomes lodged during delivery. If the doctor places too much pressure on the baby’s head after shoulder dystocia occurs, it can cause severe nerve injury, such as brachial plexus or Erb’s palsy. In addition to brachial plexus injury, shoulder dystocia can also restrict the baby’s ability to breath, which can lead to brain damage if not corrected in time.

All obstetricians should recognize the risk factors for shoulder dystocia and take the necessary steps to avoid injury during delivery. If any of the following circumstances caused your child’s shoulder dystocia, contact our Philadelphia firm immediately:

• He or she failed to take a complete obstetrical history
• He or she failed to check for or manage diabetes during pregnancy
• He or she failed to manage weight gain during pregnancy
• He or she failed to ensure there were qualified personnel assigned to the delivery room
• He or she failed to offer the option of a C-section
• He or she failed to manage shoulder dystocia with proper medical techniques
• He or she used excessive force on the head during delivery
• He or she improperly used forceps of vacuum extractors

Shoulder dystocia can cause serious injury to both the baby and the mother. If you or your child has suffered an injury as the result of shoulder dystocia in Philadelphia or surrounding areas, contact birth injury lawyer Gerard Bernhardt today.

Brain Damage

When a baby suffers brain damage during or after birth, parents often look for answers. In some cases, brain damage occurs as the result of the health care provider’s negligence or wrongdoing.

There are many circumstances where brain damage can be attributed to the health care provider’s negligence. If your child suffered brain damage as a result of the following conditions, contact our Philadelphia firm today:

• The doctor delayed performing a necessary C-section
• The doctor used excessive force during the delivery
• The doctor miscalculated the size of the baby
• The doctor failed to treat umbilical cord complications, including cord compression or prolapse
• The doctor failed to recognize or treat the signs of fetal distress
• The doctor failed to identify and monitor gestational diabetes

Not all cases of brain damage are obvious immediately after birth; however, there are some signs that may indicate a child has suffered brain damage. These signs include, but are not limited to:

• The baby demonstrates poor sucking after birth
• The baby suffers seizures within the first 24 to 48 hours of birth
• The baby is floppy at birth
• The baby’s skin is blue
• The baby needs resuscitation at or shortly after birth because he or she is not breathing

If the health care provider fails to ensure that the mother and child receive adequate care during pregnancy and during and after delivery, he or she may be held legally responsible for injuries, including brain damage. If your child has suffered brain damage in Philadelphia or nearby areas as the result of the doctor’s negligence, contact birth injury lawyer Gerard Bernhardt today.