Cerebral Palsy Law Blog : Cerebral Palsy Lawyer & Attorney : Burke & Eisner Law Firm : Medical Malpractice Lawyers & Attorneys

The United Brachial Plexus Network, Inc. (UBPN) and its Awareness Committee have announced that the 9th annual Brachial Plexus Injury Awareness Week will be celebrated from October 19th through October 26th, 2008.  The goal of the week long activity is to increase general awareness regarding brachial plexus injuries: traumatic injuries that can result in full to partial paralysis of one or both arms.

The brachial plexus is an arrangement of nerve fibres, running from the spine proceeding through the neck, the axilla (armpit region) and into the arm.  Injury to these nerves can result in a paralysis of the arm called Erb's Palsy which is almost always caused during birth. 

The most common cause of Erb's Palsy is dystocia which is an abnormal or difficult childbirth or labor.  The nerve injury  happens when too much force is used in the delivery trying to free a baby that is stuck in the birth canal.   When the baby's shoulder gets stuck behind the mother's pubic bone it is called shoulder dystocia.  However, there are several maneuvers and techniques that can be safely used to free the baby's shoulder thus avoiding damage to the brachial plexus nerves.

If the delivery is not handled correctly, the resulting nerve damage may result in varying degrees of weakness or paralysis of the shoulder, arm and hand.  The amount of paralysis will depend on which nerves in the plexus( network ) are injured.  In some cases the resulting paralysis could be permanent and in others the weakness or paralysis may be minor enough to resolve itself over time. 

This is where we see malpractice cases arise. It is often when communication in the delivery room breaks down, warning signs are missed or people aren't familiar enough with the maneuvers.
 

 

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In Illinois a two million plus dollar award was given to a four year old by a Lake County jury.   His permanent disability was caused when the doctor pulled too hard on the baby's neck during delivery.  As a result the boy suffered severe nerve damage.    He has had two surgeries so far and several physical therapy sessions.   His mother says he may need yet another surgery later this year.

In addition to Dr. Thakar, the lawsuit also named Dr. Thakar's employer, Greenleaf Obstetrics and Gynecology Associates in Gurnee.

"The award will provide for the physical and occupational therapy the child needs for the remainder of his life," Attorney Joe Kolar said. "The jury verdict will help pay for any future surgeries he may need and compensate him for the pain and suffering he will experience for the rest of his life."

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This is an abstract discussing Shoulder Dystocia that I found on the NIH website.  I bolded the text below to make a point which is simple. 

That is exactly why we have medical professionals.  We want them to be "familiar with the maneuvers" ... and "be prepared to institute" them when they are needed.

This is where we see malpractice cases arise.  It is often when communication in the delivery room breaks down, warning signs are missed or people aren't familiar enough with the maneuvers.

Shoulder dystocia is one of the most dreaded complications of vaginal delivery encountered by the obstetrician. Although risk factors for shoulder dystocia exist, approximately 50% of cases do not demonstrate the classic predisposing signs. Obstetricians can help patients decrease their risk for fetal macrosomia by frequent attention to weight gain, nutrition, and exercise during pregnancy and by aggressive management of diabetes. All obstetricians must be familiar with the maneuvers used to effect delivery of impacted shoulders and must be prepared to institute these maneuvers immediately in a crisis situation.

(emphasis added)

Source:  NIH website

My previous Shoulder Dystocia and Erb's Palsy post
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