Philadelphia Brachial Plexus Lawyer

If your baby suffered nerve damage during delivery because of a medical provider's actions, a Philadelphia brachial plexus lawyer from Wapner Newman is ready to fight for your family's future.

When your baby is born with a brachial plexus injury, the joy you expected is replaced by fear, confusion, and a flood of questions you never imagined asking. We understand that this moment changes everything for your family. Filing a birth injury claim can help ensure your child has access to every therapy, every surgery, and every resource they will ever need to live the fullest life possible.

Your child deserves more than a diagnosis. They deserve every opportunity to thrive. Call Wapner Newman today for a free consultation.

Why Choose Wapner Newman as Your Philadelphia Brachial Plexus Attorney?

For more than 40 years, families across Philadelphia have trusted Wapner Newman to stand beside them during the most difficult chapters of their lives. When your child has been hurt, you need a legal team that combines skill with genuine compassion. Here is what sets us apart:

• A proven record of results. Our firm has recovered millions of dollars for injured clients, including a $227 million result in a catastrophic injury case and a $16 million recovery for a victim struck by a negligent driver. We bring that same determination to every brachial plexus birth injury case we handle.
• We treat your family like our family. From your very first call, you will work with caring professionals who keep you informed, answer your questions honestly, and respect what you are going through as a parent.
• Deep knowledge of birth injury claims. Brachial plexus cases require an understanding of complex medical evidence, from nerve imaging to delivery room records. Our team knows how to build these cases and hold negligent providers accountable.
• We fight for the resources your child needs. The compensation we pursue is not a windfall. It is the funding your child may need for years of physical therapy, potential surgeries, assistive devices, and specialized care.

Your child's future should not be limited by someone else's mistake. Reach out to our Philadelphia brachial plexus lawyers today for a free, no-obligation consultation.

What Is a Brachial Plexus Birth Injury?

The brachial plexus is a network of nerves near the neck that controls movement and sensation in the shoulder, arm, hand, and fingers. During a difficult delivery, these delicate nerves can be stretched, compressed, or torn. When that happens, your baby may lose partial or full movement in the affected arm.

Brachial plexus birth injuries affect roughly 0.5 to 3 out of every 1,000 live births. While some babies recover on their own within a few months, others face a long road of treatment, and some children live with permanent limitations that affect them for the rest of their lives.

There are several types of brachial plexus injuries, and the severity varies depending on how the nerves were damaged:

• Neurapraxia (stretching). The most common and mildest form, where the nerve is stretched but not torn. Many babies with this type of injury recover within the first few months of life.
• Erb's palsy. This occurs when the upper nerves of the brachial plexus (C5 and C6) are damaged, typically affecting the shoulder and bicep. It is the most frequently diagnosed form of brachial plexus birth injury.
• Klumpke's palsy. This less common injury affects the lower nerves, impacting the forearm, wrist, and hand.
• Neuroma or rupture. A more serious injury where the nerve fibers are torn. These injuries often require surgical intervention and may result in lasting weakness.
• Avulsion. The most severe type, in which the nerve root is pulled completely from the spinal cord. Avulsions cannot be directly repaired and may require nerve transfer surgery.

Understanding the type and severity of your child's injury is important, both for their medical care and for building a strong legal claim. Our Philadelphia brachial plexus attorneys work closely with medical professionals to fully document the extent of your child's condition.

How Do Brachial Plexus Injuries Happen During Birth?

Brachial plexus injuries most often occur when a baby's head and neck are stretched or pulled to the side as the shoulders pass through the birth canal. This is especially common during deliveries complicated by shoulder dystocia, a situation where the baby's shoulder becomes lodged behind the mother's pelvic bone after the head has already emerged.

Several factors can increase the risk of a brachial plexus birth injury:

• Shoulder dystocia during delivery
• Use of vacuum extractors or forceps
• Prolonged or difficult labor
• Higher-than-average birth weight
• Maternal gestational diabetes
• Breech (feet-first) delivery

Not every brachial plexus injury is the result of medical negligence. However, when a physician fails to recognize risk factors, uses excessive force during delivery, or does not respond properly to shoulder dystocia, that failure can cross the line into malpractice.

Delivering a baby safely in high-risk situations is a core responsibility of every obstetrician, and families in Philadelphia and across Pennsylvania deserve accountability when that responsibility is not met.

Our team investigates the circumstances of your child's delivery carefully, reviewing medical records, fetal monitoring strips, and the actions taken by every member of the delivery team.

The Real Cost of a Brachial Plexus Injury: Why Compensation Matters

As a parent, the idea of filing a lawsuit may feel uncomfortable. You may wonder whether it is the right thing to do. We hear this from families all the time, and we want you to know: pursuing a brachial plexus claim is not about placing a dollar amount on your child's pain. It is about giving them every possible advantage as they grow.

The reality is that treating a brachial plexus injury can be incredibly expensive, and those costs often extend well beyond infancy. Depending on the severity of the injury, your child may need:

• Ongoing physical and occupational therapy, sometimes for years
• Microsurgical nerve repair or nerve transfer surgery, which may be recommended when recovery stalls between 3 and 9 months of age
• Secondary surgeries later in childhood to address muscle or bone alignment issues as your child grows
• Specialized splints, braces, or assistive devices
• Adaptive equipment and accommodations at school

These are not optional extras. They are the tools that help your child reach their full potential. Many families we work with near landmarks like CHOP (Children's Hospital of Philadelphia) have already seen firsthand how quickly medical costs can add up. A successful legal claim helps provide financial security so you can focus on what matters most: your child's health and happiness.

Compensation in a brachial plexus case may cover medical expenses (past and future), rehabilitation costs, pain and suffering, loss of future earning capacity, and other damages related to your child's injury.

Pennsylvania's Legal Timeline for Birth Injury Claims

If your child suffered a brachial plexus injury at birth, Pennsylvania law gives you a specific window of time to file a legal claim. Under 42 Pa. Cons. Stat. § 5524(2), the standard statute of limitations for a personal injury lawsuit is two years.

However, because birth injuries involve minors, Pennsylvania law provides additional protections. The statute of limitations is typically tolled (paused) until the child reaches the age of 18, giving them until their 20th birthday to file a claim. Pennsylvania also imposes a statute of repose for medical malpractice cases, which generally requires claims to be filed within seven years of the alleged negligence or by the minor's 20th birthday, whichever is later.

These deadlines can be complicated, and waiting too long can put your family's claim at risk. Critical evidence, such as delivery room records and witness recollections, can become harder to obtain as time passes.

The sooner you reach out to a Philadelphia brachial plexus lawyer, the stronger your case will be. At Wapner Newman, we encourage families to contact us early so we can begin preserving evidence and investigating the circumstances of your child's injury.

What to Do If Your Child Has a Brachial Plexus Injury

If your baby has been diagnosed with a brachial plexus injury, the most important step is to follow through with the treatment plan recommended by your child's medical team. Beyond that, there are several things you can do to protect both your child's health and your family's legal options:

• Keep detailed records. Save copies of all medical records, bills, therapy notes, and correspondence related to your child's injury and treatment. A well-organized file makes a significant difference when building a legal case.
• Follow up with specialists promptly. Early evaluation and treatment, often recommended within the first three to six months, give your child the best chance at recovery and provide important documentation of the injury's severity.
• Avoid discussing the birth on social media. Posts about your child's delivery or injury could be used against you later. It is best to keep these details private.
• Do not give recorded statements to insurance companies. If you are contacted by a hospital's insurance carrier, you are not obligated to speak with them. You can refer any inquiries to your attorney.
• Contact a Philadelphia brachial plexus attorney. An experienced lawyer can help you understand your rights and begin investigating your claim while the evidence is still fresh.

Taking these steps does not mean you are being adversarial. It means you are being a good advocate for your child.

How Our Philadelphia Brachial Plexus Lawyers Build Your Case

Birth injury claims require careful preparation and a thorough understanding of both medicine and the law. At Wapner Newman, we approach every brachial plexus case with the attention and compassion it deserves. Here is what the process typically looks like:

• Free consultation. We meet with your family, listen to your story, and review the initial details of your child's birth and injury. If you cannot come to our office at 1628 John F. Kennedy Boulevard, we will come to you or arrange transportation.
• Medical record review. We obtain and carefully analyze all records related to the pregnancy, labor, delivery, and postnatal care.
• Collaboration with medical professionals. We work with qualified medical professionals who can evaluate whether the standard of care was met during your child's delivery and whether negligence contributed to the injury.
• Investigation of the full impact. We document not just the injury itself, but the ongoing costs of treatment, the effect on your child's daily life, and the long-term support your child will need.
• Aggressive negotiation or trial. We pursue maximum compensation, whether through settlement negotiations with insurance companies or, if a fair offer is not made, by taking your case to trial.

We know that behind every case file is a real child and a real family. That perspective drives everything we do.

FAQs Answered by Our Philadelphia Brachial Plexus Lawyers

Here are answers to some of the most common questions families have about brachial plexus birth injury claims in Pennsylvania.

Talk to a Philadelphia Brachial Plexus Lawyer Who Truly Cares

Your child did not choose this. And neither did you. But you do get to choose what happens next. At Wapner Newman, we believe every child deserves the chance to grow, play, and discover the world without being held back by an injury that could have been prevented. When you call us, you are not just hiring a law firm. You are gaining a team that will fight to secure the resources your child needs today and for years to come.

We have spent more than four decades standing up for families across Philadelphia, and we would be honored to stand up for yours. If you cannot make it to our office, we will come to you or arrange a ride. There is no barrier to getting started.

Call Wapner Newman today for your free consultation. Your child's future is too important to wait.