Brachial Plexus Injuries

Since 1988, Grossman Roth Yaffa Cohen has represented families who have lost loved ones to someone else's negligent actions. Our firm has a proven track record of success, winning millions of dollars in rightful compensation for our clients.

Miami Brachial Plexus Injury Lawyer

Birth Injury Lawsuits Over Erb’s Palsy & Brachial Plexus Injuries

The brachial plexus, a network of nerves that extend through the neck and shoulders, controls much of the function and feeling in the chest, shoulders, arms, and hands.

When these nerves are placed under stress during labor or delivery, a baby may experience injuries that can range from mild and temporary to severe and permanently disabling.

If your child was born with palsy or a related brachial plexus injury arising from childbirth, you may have grounds to pursue legal action and a financial recovery of your damages – including the future expenses you may incur as a result of your child’s injuries.

GRYC: A Proven Florida Trial Firm

Grossman Roth Yaffa Cohen has garnered national recognition for our work representing injured patients and families whose lives have been forever altered by medical negligence – including negligent care during pregnancy and childbirth.

Clients and colleagues continually place their trust in our team because:

  • We’ve recovered over $1 billion in compensation for clients.
  • Our work has helped shape medical malpractice law and expand victims’ rights.
  • Our attorneys are recognized among The Best Lawyers in America®, Florida Super Lawyers®, the Lawdragon 500, and other leading legal organizations.
  • We’re backed by a team of medical investigators, paralegals, and support staff.

If you wish to discuss a potential birth injury lawsuit involving Erb’s Palsy or a brachial plexus injury, call for a FREE consultation with one of our Miami attorneys.

Brachial Plexus Injuries

In the course of childbirth, nerves within a baby’s brachial plexus may become stretched, compressed, or torn. While this can manifest as a mild injury from which babies can recover, it may also cause severe trauma that results in a loss of muscle function, impaired mobility, or even paralysis in the upper limbs.

Brachial plexus injuries may affect all or part of the brachial plexus, and may be categorized as one of four primary types of nerve injuries:

  • Neurapraxia, which involves nerves that have been stretched but not torn;
  • Rupture, where a nerve is torn at a location outside of the spinal cord;
  • Avulsion, which involves nerve roots being torn from the spinal cord, causing severe injury;
  • Neuroma, which involves the formation of scar tissue that presses against the injured nerve or interferes with nerve function.

In addition to nerve injuries, trauma to the brachial plexus may also manifest in the form of specific medical conditions. This includes:

  • Erb’s palsy: Weakness of the shoulder and biceps muscle caused by injury to to the upper brachial plexus.
  • Horner’s syndrome: Trauma to the sympathetic chain of nerves, which can result in ptosis (drooping eyelid), miosis (smaller pupil), and anhydrosis (diminished sweating).
  • Klumpke’s palsy: Weakness affecting the lower arm, wrist, and hand.
  • Upper / lower plexus lesions

Can Medical Malpractice Cause Brachial Plexus Injuries?

Though childbirth has inherent risks, many brachial plexus injuries can and should be prevented – particularly when treating medical professionals uphold their duty of care. This includes properly identifying and managing risk factors during pregnancy, and properly responding to complications arise during labor or delivery.

Unfortunately, it is not always the case that mothers and babies are treated with the care they deserve. If a hospital or health care provider’s failure to meet the standard of care resulted in your child’s injuries, you may be entitled to compensation for the pain and suffering, lost income, past and future medical expenses, and emotional injuries you and your baby suffered.

Examples of medical negligence relating to Erb’s palsy and brachial plexus injuries may include:

  • Failure to diagnose potential risk factors / complications during pregnancy (i.e. multiple babies, large babies, abnormal fetus positioning, and more.
  • Improper manipulation, excessive force, and improper use of forceps or vacuum extractors during delivery.
  • Failure to perform a C-section / delayed C-section.
  • Improper inducement of labor / improper use of drugs that induce labor (i.e. Pitocin).
  • Mismanagement of delivery complications, including shoulder dystocia.

Medical mistakes can have tremendous consequences for victims and families, causing stress and anxiety over injuries, and physical, financial, and emotional setbacks due to serious impairments. Because there can be life-long repercussions, recovering full and fair compensation becomes critical to helping families and children effectively navigate their futures.

Our Miami Erb’s Palsy Lawyers Offer FREE Consultations

Grossman Roth Yaffa Cohen is passionate about helping families across Florida and beyond after they’ve suffered serious and preventable losses. If you have questions regarding a potential birth injury lawsuit involving brachial plexus injuries or Erb’s palsy, our award-winning Miami trial attorneys are here to help. Call or contact us online to request a FREE case evaluation.

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Working With Grossman Roth Yaffa Cohen
  • Changing Lives by Changing The Law

    Since our firm opened, we've made it our mission to get justice for our clients and their families. We've not only taken on cases that other firms had turned down, but we've also fought to get unjust laws and restrictions overturned or modified.

  • A Team of Legal Professionals

    Complex legal cases require extensive research, trial experience, and industry knowledge, which is why we always have a team of attorneys working on every case we take on. Our team-centric approach to litigation means that we're able to really focus on getting our clients the best possible outcome.

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    Our attorneys not only take the time to understand the evidence in your case, but also the pathology and medical techniques used in your specific situation. We believe that any attorney that takes on these types of cases needs to be on equal footing with medical professionals and physicians. 


Millions Recovered on Behalf of Our Clients
  • Medical Malpractice Eight-Figure Settlement Achieved for Family Involved in a Medical Malpractice Case
  • Medical Malpractice Seven-Figure Orthopedic Medical Malpractice

    A Punta Gorda, Florida woman in her forties visited an ear, nose, and throat specialist for a check-up due to fatigue. After performing a brief examination, the doctor at the facility recommended that she undergo parathyroid surgery, however he did not order the necessary radiological scan that determines which side of her neck should be operated on. Without that information available, the surgeon began on the wrong side of her neck and did not realize his error until they were well into the procedure.

  • Medical Malpractice Seven-Figure Settlement for Woman Who Lost Her Leg After Misdiagnosis

    A woman in her sixties was brought to a hospital after she slipped and fell, injuring her leg and causing severe pain. During her treatment, the hospital staff failed to notice that the impact had caused a blood clot behind her knee, which was restricting circulation to the rest of her leg. Over time, the untreated clot cut off blood flow to the point where her leg was beyond saving and needed amputation.

  • Medical Malpractice Seven-Figure Settlement for Family of Mother Who Died During Childbirth

    In 2015, a 23-year-old mother began experiencing severe complications while giving birth in Charlotte County, Florida. The hospital’s staff did not give her the attention she needed, and failed to realize that her complications required an emergency transfer to a Sarasota County Hospital, which had the needed staff and equipment to treat her. The mother and her unborn child eventually died in the hospital.

  • Medical Malpractice Seven-Figure Settlement for Misdiagnosis of a Blood Clot

    A 68-year-old man was complaining about pain in his left leg, which was swollen, red, and painful. He went to a local emergency room, and the family asked the doctor if it was a blood clot. The doctor assured the family that it was not a blood clot but was instead cellulitis from a sunburn. When the patient returned home the next day, he died of a pulmonary embolism due to the blood clot that was initially suspected by the family.

  • Medical Malpractice Over $1 Million Settlement for Medical Malpractice Victim

    A middle-aged man had a history of an aortic aneurysm. His plan was to fly to Stanford University, where a doctor was scheduled to repair the aneurysm. Rather than starting the transfer to Stanford the day he arrived, the hospital waited three days and then failed to get his insurance company to pay for the transfer. Tragically, while the patient was speaking with the insurance company on the phone about the transfer, the aneurysm ruptured, and he died.

  • Jury Verdict Against the University of Florida $23,500,000

    A $23.5 million medical malpractice jury verdict against the University of Florida on behalf of a woman who suffered a massive stroke when a medical procedure to ease her migraines went wrong.

  • Jury Verdict on Behalf of a Former Major League Baseball Star $898,000

    A medical malpractice jury verdict on behalf of a former Major League Baseball star against an ophthalmologist for negligence in the removal of a cataract and implantation of an artificial lens in our client’s left eye.

  • Medical Malpractice Eight-Figure Settlement for Victim of Nursing Medical Malpractice

    A middle-aged woman was in a hospital recovering from a brain aneurysm. While recovering in her hospital room, she grew agitated and began pulling on the tracheostomy tube connected to her neck. The nurse on duty documented that she was pulling at her tubes six different times in 24 hours, and yet did nothing to prevent her from being able to dismantle the tubes.

  • Medical Malpractice Eight-Figure Settlement for Failure to Timely Treat a Heart Attack

    After successfully opening and stenting a 53-year-old man's blocked artery, while in the recovery room, the patient suffered another heart attack, but this time it took medical staff nearly 90 minutes to get him back to the catheterization lab. Due to the delay, his heart stopped. He was revived in the operating room, but he suffered a hypoxic brain injury, causing massive brain damage.

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