One of the most serious birth injuries involves mechanical nerve trauma - in particular, trauma to the brachial plxues nurve banch. The injury to this area around the shoudler results in brachial plexus dysfunction also known as Erb's Palsy or Erb-Duchenne Palsy. The two major manifestations of this injury depend on the site of the injury for stretching and avulsion. Erb-Duchenne Palsy, the more common form of the injury, refers to upper arm paralysis. Brachial plexus injury (injury to the nerves supplying the brachial plexus) is commonly associated with shoulder dystocia (where the anterior shoulder gets stuck behind the mother's pelvic bone where the head appears but the torso does not)
In an attempt to deliver the shoulder, great care must be taken to extricate the stuck shoulder. Excessive lateral traction on the baby's head or neck causes Erb's Palsy.
The successful prosecution is to have the jury believe that the injury is man made caused by caused by excessive force when confronted with an impacted shoulder. Most doctors do not know if they are pulling harder on one occasion than another. Documentation of excessive force is not noted because doctors are unaware and/or if they deliver a baby with a limp arm do not want be incriminated.
Studies have shown that 99 percent of brachial plexus injuries are associated with excessive traction for dystocia where mothers have normal shaped pelvises.
The typical defense of brachial plexus injuries relies on anecdotal writings that there are more causes for BPI than excessive traction.
Source: Article Written by Stephen M. Warner, Esq., for Trial Lawyers Quarterly
