Brachial Plexus Injuries

Queens Brachial Plexus Injury Attorney

Was Your Child Diagnosed with Erb’s Palsy?

If your child has been diagnosed with Erb’s palsy, Klumpke’s palsy, or any brachial plexus injury, no matter how slight, you may wonder how this happened. If you’re looking for answers, the Law Office of David A. Kates may be able to provide the answers you need. We represent families in Queens who have suffered preventable birth injuries caused by medical malpractice. We help children get the care they need by pursuing maximum compensation for their injuries.

With brachial plexus injuries, mismanagement of shoulder dystocia, improper use of forceps or vacuum, or another mistake may be to blame. A meticulous investigation will be required to uncover the true cause of your child’s injuries. Fortunately, Queens brachial plexus injury attorney David Kates has the experience and resources to help.

What Are Brachial Plexus Birth Injuries?

Brachial plexus birth injuries occur in one to three out of every 1,000 births. The brachial plexus is a network of nerves that is responsible for transmitting signals from the spinal cord to the shoulder, arm, and hand. It reaches from the spinal cord through the neck and across the first rib, down into the armpit. An unnatural twisting or jerking motion can cause serious damage to the brachial plexus nerves during childbirth, resulting in loss of muscle function or even complete paralysis of the upper arm.

The effects of a brachial plexus injury will vary depending on the location:

  • Injuries to the upper brachial plexus (C5 & C6) will affect the muscles of the shoulder, bicep, and elbow.
  • Injuries to the lower brachial plexus (C7, C8 and T1) will affect the muscles of the forearm and hand.

Brachial Plexus Injuries & Shoulder Dystocia

Brachial plexus injuries are a common result of a complication known as shoulder dystocia. With shoulder dystocia, the baby’s shoulder becomes lodged behind the mother’s pubic bone. There are specific maneuvers that can be used to deliver the baby safely, and it will be up to your doctor to determine the best approach.

Most instances of shoulder dystocia are preventable as physicians are trained to monitor for signs of fetal distress and schedule emergency caesarian sections to avoid injury to the mother and child. If your doctor did not properly address shoulder dystocia or any childbirth complication, and your child suffered a brachial plexus injury, you may have a birth injury case.

Risk factors commonly associated with shoulder dystocia that doctors are trained to anticipate include:

  • Maternal diabetes
  • Fetal macrosomia
  • Late labor and delivery
  • Induced labor
  • Assisted delivery
  • Maternal obesity
  • Epidural use
  • Multiple births

Valid Grounds for a Brachial Plexus Injury Claim

A successful brachial plexus injury lawsuit must be based on a doctor or other healthcare professional’s failure to provide standard care.

With this particular injury, this may include:

  • Failure to recommend a C-section in a high-risk delivery
  • Mismanagement of shoulder dystocia
  • Improper use of forceps or vacuum extractor
  • Improper management of a “sunny side up” or breech presentation

Helping Families in Queens, NY

A brachial plexus injury can cause temporary or permanent paralysis and loss of muscle function. It can also cause Erb’s palsy, a condition characterized by weakness and loss of motion in the shoulder and upper arm, or Klumpke’s palsy, a condition characterized by paralysis of the forearm, hand, and wrist. While some brachial plexus injuries may heal on their own, others may require surgery and extensive physical therapy, and yet others may never fully heal.

The recovery of fair compensation is crucial if your son or daughter experienced a serious brachial plexus injury. By involving Queens brachial plexus injury lawyer David Kates, you have the opportunity to find out if malpractice was the cause. We can get to the bottom of this to help you get money for your child’s treatment, ongoing care, assistive devices, and more.

Results Matter

Millions of Dollars Recovered for Our Clients
  • $11,000,000 Settlement
  • $8 Million Settlement
  • $5 Million Jury Vedict
  • $5 Million Jury Verdict
  • $4.8 Million Settlement

What Sets David Kates Apart?

  • Personalized Attention

    David will personally handle your case from beginning to end.

  • Tenacity

    David brings a tenacious and thorough approach to understanding complex medical issues.

  • Experience & Dedication

    David has over 20 years of professional legal experience.

  • Results Driven

    David has recovered millions of dollars on behalf of his clients.

Every Client Deserves Personalized Care

David Kates prides himself in getting to the bottom of why a patient was hurt and neglected. Call (718) 866-3664 to discuss your case.

Client Testimonials

  • “Working with David as my personal injury lawyer was more than I could have asked for.”

    - Kristine I.

  • “I would not hesitate to work with or recommend David again, he is a true benefit to the legal profession!”

    - Annmarie G.

  • “David Kates is a hard working excellent attorney who goes the extra mile.”

    - Maria S.

  • “I highly recommend David.”

    - Former Client


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