Erb’s Palsy and Klumpke’s Palsy Attorneys in Denver
Was Your Child’s Erb’s Palsy or Klumpke’s Palsy Caused by Medical Negligence in Denver?
Everyone on your child’s delivery room team should be a highly trained medical professional, so there is no excuse for unnecessary injuries caused by negligence. If your child has difficulty grasping objects, their arm hangs down in an unnatural position, or if their hand is frozen in a “claw” position, they may be suffering from birth injuries.
The birth injury medical malpractice attorneys at Leventhal Puga Braley P.C. will review your case and advise you on the best way to move forward. Our nationally acclaimed lawyers are active members of the American Association of Justice’s Birth Trauma Litigation Group. Leventhal Puga Braley P.C. has an AV Rating from Martindale-Hubble and we’ve been recognized by Super Lawyers for providing our clients with outstanding service.
We offer a no-cost initial consultation to review your medical records and find out if you have legal grounds to file a Denver medical malpractice claim against your child’s doctor. We are parents ourselves, and we take care of our clients.
To learn more, contact our office by calling (303) 759-9945 today.
What Are Erb’s Palsy and Klumpke’s Palsy?
If your baby is experiencing weakness, loss of sensation, or paralysis in one or both arms, they may be suffering from a brachial plexus injury, which is nerve damage that occurs when an OB-GYN, midwife, or another medical professional mishandles the newborn during childbirth.
Klumpke’s palsy and Erb’s palsy are the two major types of obstetric brachial plexus injuries (OBPI) in the United States. The brachial plexus is a nerve cluster located underneath the collarbone, connecting the arm and shoulder with the spinal cord.
An OPBI is caused by mishandling the newborn during the delivery process, and this may lead to permanent nerve damage. During childbirth, when a child’s head is kinked inside the womb or twisted and pulled to exit the birth canal, this vital cluster of nerves can be damaged for life. Stretching or tearing these nerves may cause paralysis of part or all of the baby’s affected arm. Common brachial plexus injuries include:
- Erb-Duchenne palsy or Erb’s palsy, described by Dr. William Erb in 1874, comes from damage to the upper trunk C5–C6 nerves. These nerves affect the deltoid, biceps, and brachialis muscles – meaning the shoulder and upper arm. Erb’s palsy often appears in the form of the arm being permanently "crooked" or unable to straighten, bent at the elbow, and held against the body. The child will have difficulty using the arm and grasping objects or making a fist on the affected side. The arm may also appear loose or "floppy."
- Klumpke’s palsy, also known as Klumpke's paralysis or Dejerine-Klumpke palsy, affects the lower nerve roots of the brachial plexus: C8-T1. It will impact the muscles of the hand, as well as the flexors of the wrists and fingers. The forearm and the hand may also suffer weakness and loss of sensation. Klumpke’s palsy is usually seen in the form of a "claw hand."
Brachial plexus palsy occurs whenever one or more nerves from the cluster are:
- Avulsed: Avulsion occurs when the "root" of the nerve is torn out from the spinal cord. If avulsion is the cause of your child’s Erb’s palsy or Klumpke’s palsy, the condition is permanent. Reattachment is not an option at this time, though some patients may have motion returned through grafting surgery. It is more likely that part or all of the arm will be rendered completely paralyzed, without any sensation at all.
- Ruptured: Any tear along the length of the nerve is called a rupture, and it requires surgery and grafting to give the child back some strength, feeling, and range of motion in the arm. But there will be pain, and the child will have to receive ongoing physical therapy and other interventions to restore as much use as possible.
- Stretched: There are two degrees of stretching injuries in nerves: neurapraxia and neuroma. Neurapraxia is the stretching itself – the child will feel the burning pain, tingling, and extreme discomfort of a nerve injury, but the injury should heal on its own in a few months. If the stretching is serious enough to cause scar tissue to build up, it is a neuroma, and in addition to suffering the pain, the child will have a less stable nerve from the extra weight of the scar tissue. Physical therapy or surgery may help, but the damage is likely to be permanent and it will affect the strength of the arm and range of motion, as well as create an increased likelihood of future injury.
When Medical Negligence Causes Erb’s Palsy or Klumpke’s Palsy
Erb’s palsy and Klumpke’s palsy are two types of birth injuries, which are damage done to the newborn that’s caused by an adverse event that occurs before, during, or shortly after delivery. To prevent Erb’s palsy and Klimke’s palsy, the OB-GYN in charge of the delivery team must gently guide the child through the birth canal without tugging or twisting the baby’s head or arms.
Obstetrician-gynecologists (OB-GYNs), neonatal nurses, and every medical professional involved in the birthing process should be aware of conditions that put a child at risk of a brachial plexus injury. For example, if the mother has a small pelvis and the child has a large head, it’s a case of cephalopelvic disproportion, which is much more likely to cause the baby to get "stuck" and require mechanical force to remove. The same is true of a baby in breech position, in a head-first position, or a baby that is larger than average. An early water break and prolonged labor can also be a problem due to the lack of amniotic fluid cushioning the child in the womb. The use of forceps to pull a child out is risky and should only be done in specific situations by an experienced practitioner.
Shoulder dystocia is when the baby’s shoulder becomes trapped behind the pubic bone. When this happens, an emergency C-section may be required, but the OB-GYN must not risk injury by pulling the child in an unnatural manner. When doctors try to pull the head from side to side, back and forth, it can easily stretch or tear the nerves. Any breaks to the collarbone during birth (which is sometimes done to deliver a child with shoulder dystocia) can also cause damage to the brachial plexus beneath it.
When Erb’s palsy or Klumpke’s palsy is caused by mishandling the child during the delivery process, it is medical negligence. Types of negligent delivery room actions that cause Erb’s palsy and Klumpke’s palsy include:
- Twisting the baby’s head
- Yanking on the baby’s arm
- Misuse of forceps
- Misuse of vacuum extraction
- Failure to order a C-section
- Failure to diagnose risk factors in advance
Factors That Increase the Risk of Erb’s Palsy and Klumpke’s Palsy
To help ensure a safe delivery, the OB-GYN must anticipate conditions that make shoulder dystopia more likely to occur and be prepared to order an emergency C-section instead of harming the baby by forcing it through the birth canal.
Factors that increase the risk of shoulder dystocia include:
- Mothers with a smaller pelvis
- Large babies
- Overdue babies
- Prolonged labor
- Gestational diabetes
- A baby with a large head
- When the mother has previously given birth using a C-section
Treatment for Erb’s Palsy and Klumpke’s Palsy
If your newborn demonstrates symptoms of Erb’s Palsy or Klumpke’s palsy, you’ll want to speak with your pediatrician right away. Getting the right diagnosis and early treatment will reduce the chances of lifelong injuries. Your pediatrician will order imaging tests such as an MRI or CT scan, and then they will recommend a medical course of treatment.
Depending on the degree of injury, the child will have some level of pain, cramping, and discomfort. The earlier that a child with OBPI receives medical intervention, the better for their development and long-term use of the arm, wrist, and hand. Treatment for Erb’s Palsy or Klumpke’s palsy may include:
- Physical therapy
- Assistive devices
- Occupational therapy
- Surgery to repair nerve damage
Long-Term Consequences of Shoulder Dystocia
If your child’s brachial plexus injury is not resolved by medical treatment, loss of function in the arm can lead to problems with the circulatory, nervous, and muscular systems. A serious consequence of shoulder dystocia is Horner syndrome, a condition that affects the face and eye on one side of the body. Symptoms of Horner syndrome include a persistently small pupil (miosis), a drooping eyelid, a sunken appearance of the affected eye, and decreased sweating on the affected side of the body.
Visit your doctor right away if you suspect your child has suffered nerve damage during birth. Additional medical consequences of a brachial plexus injury include:
- Stunted growth
- Impaired muscular development
- Reduced range of motion
- Inhibited circulatory development
- Slower healing after skin infections
- Loss of feeling
- Paralysis
- A limp arm
- Reduced muscle control
- Chronic pain
Your Erb’s Palsy and Klumpke’s Palsy Medical Malpractice Lawyer Can Help
Leventhal Puga Braley P.C. has been helping victims of medical malpractice in Denver for over 40 years. Our experienced attorneys will review the medical records and investigate your child’s injuries, and we’ll make sure you get a second medical opinion. When our investigation is complete, Leventhal Puga Braley P.C. will file a claim or lawsuit against anyone who committed an act of medical negligence that injured your child.
A medical malpractice claim for Klumpke’s palsy or Erb’s palsy includes compensation for:
- Current and future medical bills
- Pain and suffering
- Reduced earning potential
- Medications
- Medical devices
- Reduced quality of life
Was Your Child Injured by Medical Malpractice?
Leventhal Puga Braley P.C. will find out what really happened. Our personal injury law firm gets justice for people who’ve been injured by medical malpractice. At Leventhal Puga Braley P.C., we treat all clients and your family with compassion, and we will keep you informed about how your case is progressing.
Call (303) 759-9945 to speak with a top Denver birth injury lawyer about your situation today.
We handle cases from around the United States, and we won’t charge you any fees until we win you a settlement or jury verdict.
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