brachial plexus injury Archives - Medical Malpractice Lawyers

$3.3M Virginia Medical Malpractice Verdict For Brachial Plexus Injury During Childbirth

November 5, 2025

On February 26, 2025, a Virginia birth injury medical malpractice jury returned its verdict in the amount of $3.3 million for a baby who experienced shoulder dystocia followed by brachial plexus injuries during his birth at 39 weeks, on April 12, 2019. During labor, the baby’s heart rate showed re[...]

Nebraska Supreme Court Overturns Medical Malpractice Defense Verdict Due To Erroneous Jury Instruction

August 13, 2025

In 2013, Dawn M. Morgan-Baker was admitted to the labor and delivery unit of a hospital operated by Alegent Creighton Health Creighton University Medical Center, LLC, in Omaha, Nebraska, for her anticipated delivery of her son, J.R.M.B. (J.R.). She was at 36 weeks gestation. She had suffered a fall [...]

Birth Injury Medical Malpractice

December 9, 2024

There are approximately 20,000 infant deaths in the United States every year, and birth injuries account for 20% of those deaths: birth injuries are the fourth leading cause of death among infants. It is estimated that fetal distress occurs in 5% to 10% of deliveries. About 3% of babies are born wit[...]

Is $250,000 Fair Or Just Compensation For A Child’s Brachial Plexus Birth Injury Due To Medical Negligence?

February 22, 2022

California law limits noneconomic damages in medical malpractice cases to $250,000. That amount has not been increased since California’s Medical Injury Compensation Reform Act {“MICRA”) was signed into law in 1975. Specifically, Civil Code Section 3333.2 limits recovery for noneconomi[...]

Ohio Appellate Court Overturns Brachial Plexus Birth Injury Medical Malpractice Defense Verdict Due To Inadmissible Other Acts Evidence

June 19, 2018

The Court of Appeals of Ohio Sixth Appellate District Lucas County (“Ohio Appellate Court”) held in its Decision and Judgment dated May 25, 2018, in an Ohio shoulder dystocia brachial plexus birth injury medical malpractice case, that the trial court “abused its discretion in admit[...]

$3M Delaware Medical Malpractice Verdict Against OB For Brachial Plexus Birth Injury

October 15, 2017

On September 27, 2017, a Delaware medical malpractice jury returned its verdict in the amount of $3 million in favor of a now 9-year-old child against the obstetrician who delivered him, finding that the defendant OB was responsible for the child’s brachial plexus injury that occurred during h[...]

Texas Appellate Court Hands Medical Malpractice Plaintiffs A Rare Win

February 23, 2017

In its opinion filed on February 16, 2017, the Court of Appeals Second District of Texas Fort Worth (“Appellate Court”) handed the medical malpractice plaintiffs a rare win in Texas, which is one of the most difficult states in the United States for victims of medical malpractice to obt[...]

Brachial Plexus Injury

December 8, 2015

Birth trauma may cause peripheral nerve damage in the form of a brachial plexus injury, which occurs most often in large babies due to shoulder dystocia or breech delivery. Brachial plexus injury occurs in about 0.5-2 per 1,000 live births in the United States, with Erb’s palsy being the mo[...]

Erb’s Palsy And Medical Malpractice

September 29, 2011

Erb’s palsy, also known as brachial palsy, occurs when the collection of nerves around the shoulder that are known as the brachial plexus are damaged during birth. The result may be a permanent loss of movement or weakness in the affected arm, the degree of which varies from patient to patie[...]

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