Brachial Plexus Injuries

Maryland Brachial Plexus Injury Attorney

30 Years of Trial Experience in Complex Birth Injury Claims

A baby who has little movement in one arm, a weakened grip, or an arm held close to the body may have a brachial plexus injury. This injury affects the network of nerves connecting the spinal cord to the shoulder, arm, and hand. For parents, the diagnosis often raises two urgent questions: What happened during delivery, and could appropriate care have prevented it?

The diagnosis alone doesn’t establish medical negligence. A claim requires evidence that the delivery team failed to meet the applicable medical standard and that this failure caused the nerve damage. At The Law Firm of Michael H. Bereston, Inc., we investigate that connection for Maryland families whose children may have suffered preventable delivery injuries.

Discuss your child’s injury with our Maryland brachial plexus injury attorneys. Call (410) 220-6581 for a free consultation.

How Delivery Events Can Cause Brachial Plexus Injuries

The brachial plexus can be injured when a baby’s neck, shoulder, or arm is stretched during birth. One associated complication is shoulder dystocia, which occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone after the head emerges. This complication doesn’t automatically indicate negligence, but the delivery team’s response warrants careful review.

A malpractice investigation may consider:

  • Whether prenatal findings or developments during labor indicated a heightened risk of a difficult delivery.
  • Whether the team interpreted fetal monitoring and other clinical information appropriately.
  • Whether a cesarean delivery was indicated and performed without unreasonable delay.
  • Which delivery maneuvers were used and when they were attempted.
  • Whether excessive delivery-room traction was applied to the baby’s head, neck, shoulder, or arm.

Relevant evidence may include prenatal charts, fetal monitoring strips, delivery notes, newborn examinations, imaging, therapy records, and evaluations from treating physicians. Medical professionals may assess the likely mechanism of injury, the care provided, causation, the extent of the damage, and anticipated treatment needs.

Focused Representation for Maryland Birth Injury Claims

The Law Firm of Michael H. Bereston, Inc. focuses on birth injury medical malpractice claims involving children and their families. Michael H. Bereston brings 30 years of trial experience in complex obstetric malpractice cases. From our Annapolis office, we serve families throughout Maryland and across the United States.

We accept a limited number of cases each year, allowing us to provide personalized attention and responsive communication. This approach also gives us the capacity to examine detailed medical evidence and prepare claims for litigation when appropriate.

We handle virtually all cases on a contingency fee basis. There’s no upfront attorney fee. Legal fees and reimbursed costs are paid only if there’s a financial recovery.

What Our Case Evaluation Examines

The initial consultation is free, and prospective clients meet directly with Michael Bereston. We begin by discussing the pregnancy, delivery timeline, diagnosis, treatment, and current medical recommendations. Available prenatal, delivery, newborn, therapy, and medical records can be useful, but families don’t need every document before contacting us.

We examine the medical records and consult medical professionals when additional insight is needed. Our review addresses the applicable standard of care, whether providers departed from it, whether that departure caused the injury, and how the condition may affect the child over time. These findings determine whether the evidence supports a medical malpractice claim.

    "Supportive and clear communication."

    - Cathleen O.

    "A positive experience from the start. He found things other lawyers did not find. Those things were not all easy to find out. He delivered hard to hear facts about the case in as good a way as you could hope."

    - Ryan

    "Mr. Bereston represented me in my case. I found him to be very knowledgeable, professional and easy to talk to about any questions I had concerning my case. He would always promptly return my calls if I had any concerns or questions as the case went on."

    - Clyde G.

    "They truly love what they do and love each and every one of their clients like they are their own family."

    - Shauna G.

Types of Brachial Plexus Birth Injuries

The location and severity of nerve damage can affect a child’s movement, sensation, treatment, and potential recovery. Some stretching injuries improve over time. More serious damage may involve a nerve rupture or separation from the spinal cord. A medical evaluation is necessary to identify the nature and extent of the injury.

Terms parents may encounter include:

  • Erb’s palsy: An injury that generally involves the upper portion of the nerve network and may affect the shoulder and upper arm.
  • Klumpke’s palsy: An injury that generally involves the lower nerves and may affect the forearm, wrist, hand, or grasp.
  • Total plexus injury: Damage to multiple portions of the nerve network, potentially affecting the entire arm.

Depending on the diagnosis and clinical progress, treatment may include physical therapy, occupational therapy, medical monitoring, or surgery. A legal investigation considers the individual child’s condition without assuming that every injury has the same cause or prognosis.

Compensation & Future Care Needs

A claim may seek compensation for losses established through medical, financial, and other evidence. A careful assessment accounts for current expenses and needs that may emerge as the child grows.

Depending on the facts, recoverable damages may include:

  • Past and future medical treatment.
  • Physical and occupational therapy.
  • Surgeries, assistive equipment, and attendant care.
  • Educational support and counseling.
  • Lost income or reduced future earning capacity.
  • Pain, suffering, and reduced quality of life.

A future-needs assessment may examine the injury’s effects on function, independence, education, employment, and daily life. Our broader birth injury work has produced more than $26.5 million across four reported cases, although those matters weren’t identified as brachial plexus cases. Prior results don’t guarantee a similar outcome.

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We’ve Obtained Millions of Dollars On Behalf of Our Clients

Our goal in each case we handle is to obtain the maximum compensation for our clients, which is why we only take on a limited number of cases each year.