One example of preventable harm to a child during delivery is brachial plexus palsy, also known as Erb’s palsy after the doctor who first described the condition. Erb’s palsy occurs when pressure on the baby’s shoulder causes bruising or tearing within the cluster of nerves called the brachial plexus. Damage can be short-lived or permanent, depriving the child of strength and mobility in the affected arm. Since 1959, the personal injury lawyers at Rush, Hannula, Harkins & Kyler PLLC have fought for injured newborns to obtain adequate compensation for serious injuries. You can trust our legal team for our experience, knowledge and dedication to pursuing positive results in your case.
Symptoms may appear immediately or soon after birth, and may include:
If simple bruising is the cause, these symptoms should clear up quickly. If nerves have been torn, the infant may require surgery to repair function. However, in many cases, even surgery involving nerve grafts will not improve the infant’s long-term prognosis.
Newborns are vulnerable to brachial plexus injury, so it’s important to establish when and how the injury occurred. The nerves of the brachial plexus can be injured during a difficult delivery, but that is not necessarily proof of healthcare provider negligence. However, advances in medical science have given doctors diagnostic tools and corrective procedures to address the leading causes of Erb’s palsy, including:
Doctors often employ cesarean delivery when they have concerns about a difficult delivery. The failure of a doctor to anticipate a difficult delivery or recommend a C-section when indicated may amount to malpractice, providing grounds for a birth injury lawsuit. Concerned attorneys at Rush, Hannula, Harkins & Kyler PLLC thoroughly investigate the circumstances of your child’s prenatal care, delivery and post-delivery care to uncover evidence of negligence from any caregivers who may have impacted your child’s condition.
Modern medical science has given doctors the tools necessary to eliminate Erb’s palsy. If your child suffered brachial plexus harm during delivery, you might have grounds for legal action. Call Rush, Hannula, Harkins & Kyler PLLC at 253-383-5388 or contact our firm online to schedule a free consultation.
"Client was disabled from working in prior profession after sustaining a severe closed head injury and brain trauma in an automobile accident on Interstate 5. $7,845,000. "
"Pedestrian client was struck by semi-truck, and the trailer wheels rolled over client’s body causing severe injury. $1,145,000. "
"Client was involved in a head-on collision when a bus crossed the center line. Client suffered a severe closed head injury preventing him from returning to his previous employment. $884,998. "
"Client was involved in serious head-on collision with uninsured motorist while on-the-job, resulting in physical injury and posttraumatic stress disorder. Client can no longer work as a commercial truck driver. $708,000. "
"Client was a rear seat passenger in a vehicle that was involved in an automobile accident. Client was severely injured as the result of a defective seatbelt, while the other three occupants of the vehicle sustained only minor injuries. $650,000. "
"Client was killed in automobile accident caused by defendant’s failure to yield the right-of-way. $650,000. "
"Minor client was on his way to school and was struck by a vehicle while crossing the street in a marked crosswalk. Defendant driver had pulled into oncoming lane to pass another vehicle and struck client, causing serious injuries. $500,000. "
"Client was killed as a result of an in-cab fuel tank, which caught fire after an automobile accident. $350,000. "
"Client riding a bicycle was struck by a motorist who failed to yield the right-of-way. Client sustained numerous injuries, including a closed head injury. $120,000. "
"I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon Rush, Hannula, Harkins & Kyler to help me through them. The most obscure questions have been answered and help is given on all levels. Thanks."
"John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented."
"Dan Hannula’s hard work helped to settle my auto accident case. "
"Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free. "
"I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people. "
"Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions. "
"The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal. "
"Molly Crowley is a very professional and knowledgeable lawyer. I felt I was very well represented!! "
"Molly Crowley was knowledgeable, kept me informed every step of the way and just did a great job! "
"We got a fair settlement and were treated with respect and dignity throughout the whole process. -Blake W. "