Glossary
Brachial Plexus Injury
Damage to the network of nerves that runs from the neck to the shoulder, arm, and hand. In newborns it usually happens when the nerves are stretched during a difficult delivery.
The brachial plexus is a network of nerves that carries signals from the spinal cord in the neck to the shoulder, arm, and hand. A brachial plexus injury happens when those nerves are stretched, compressed, or torn. In adults, common causes are car and motorcycle crashes, falls, and sports injuries. In babies, the injury usually happens during birth.
The National Institute of Neurological Disorders and Stroke explains that birth injuries can occur when a baby's shoulders become stuck during delivery and the brachial plexus nerves stretch or tear. This complication is called shoulder dystocia. When the upper nerves are affected, the result is often called Erb's palsy, which causes weakness or paralysis in the arm. Many infants recover with therapy, but some have permanent weakness and need surgery.
Most newborn brachial plexus lawsuits are medical malpractice claims that turn on whether the delivery team used excessive force or failed to respond properly to shoulder dystocia. Those are individual cases, not class actions, and they rely heavily on medical records and expert testimony. Deadlines vary by state, and many states have special rules that extend or pause the deadline for injuries to minors, so it is worth checking early.
If your child was diagnosed with a brachial plexus injury after birth, request the full labor and delivery records, including fetal monitoring strips. Our guide on class action versus individual lawsuit explains why these claims proceed individually, and our birth injury entry covers related conditions.
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