Klumpke's Palsy Lawsuit in 2024 | This is What You Need to Know
If you suspect that your child is suffering from a Klumpke Palsy injury, filing a Klumpke’s Palsy Lawsuit is your best decision. It will help you get justice and recover the damages that will allow you to provide your child with the best care. In addition, you should also consult your doctor as soon as possible for diagnosis and proper treatment, if necessary.
Approximately one to three infants per 1,000 live births in developed countries suffer from Klumpke Palsy or brachial plexus birth trauma. This nerve trauma most often occurs during labor and delivery.
Understanding Klumpke’s Palsy in detail
Here are the top causes of Klumpke’s Palsy you must know
- The nerves are totally severed from the spine.
- The nerves are torn in an area not connected to the spine.
- The nerves are overstretched.
- The nerves were injured but did not heal properly.
The Klumpke Palsy injury usually occurs during a vaginal delivery, and it could be the result of a doctor’s negligence.
Common symptoms of Klumpke Palsy injury
- Asymmetrical posturing.
- Bent arm held close to the body.
- Diminished sensation or function in the arm, or total paralysis.
- Excessive pain.
- Rigid, claw-like hands.
- Weak muscle on the affected side.
Although not all birth injuries are caused by the doctor’s negligence. It is possible that your baby’s Klumpke’s Palsy was preventable.
Your delivery might become more complicated if
- Your baby is large.
- Your baby has a large head.
- You have a small pelvis.
These cases may lead a doctor to use more force to help the baby exit the birth canal and pull too hard on the baby’s arm. It is often extended over the head of the baby. Nevertheless, this extra force can lead to injuries resulting in Klumpke’s {alsy.
Does the effect of Klumpke’s Palsy last a lifetime?
Determining whether you have a potential birth injury lawsuit is important because the effects of Klumpke’s Palsy injury could last the rest of your child’s life. Many injuries to the brachial plexus heal without complications. However, other injuries may lead to long-lasting or permanent consequences. It means, if your child is suffering from the permanent consequences, he or she could need continued medical attention.
The complications linked with Klumpke’s Palsy
1. Pain:
It is not common that nerve damage results in pain. This may be linked to how the nerves heal and if any scar tissue exists.
2. Stiffness:
As the pain limits mobility during the healing process, the possible joints and muscles become stiff and hard to move, or they may even stay rigid after the Klumpke Palsy injury is healed.
3. Permanent disability:
The nerves in the brachial plexus do not heal properly. As a result, it leads to restoring connectivity with the brain, losing functionality entirely.
4. Loss of feeling:
It is possible that the scar tissue or improper healing will result in loss of feeling in the arm, shoulder, and hands.
5. Atrophy:
Nerves can take a lot of time to heal. Therefore, it’s important to keep in mind that some nerves must regrow. As this happens, the muscle of your baby might atrophy, leading to muscle deterioration or prolonged weakness.
Options if a person is diagnosed with Klumpke’s Palsy
- Surgery.
- Attendant care.
- Physical and occupational therapy.
Steps to file Klumpke’s Palsy
Most of these Klumpke’s Palsy Lawsuit claims stem from medical malpractice. The doctors who use excessive force during delivery are blamed if the child suffers from Klumpke’s Palsy. During the lawsuit, the lawyer needs to prove that the doctors did not uphold a high standard of care at the time of childbirth, leading to birth injuries.
Moreover, when a significant breach in the duty of care leads to Klumpke’s Palsy, it becomes important to take legal action.
1. Send a demand letter:
Before officially filing a lawsuit, your lawyer will file a demand letter. It helps to seek financial compensation from the doctor’s attorney or the insurance company.
2. Build your case:
The lawyer starts your Klumpke’s Palsy Lawsuit claim by gathering the basic details of the complaint to create a quality timeline of events. It includes:
- When, where, and how did the incident occur?
- Who is responsible for your injuries?
- How has the Brachial Plexus Palsy of your child been prevented?
These questions will help the lawyers in explaining to defendants, judges, or other juries why their client deserves a fair Klumpke Palsy settlement.
3. File a lawsuit:
After building your case, the lawyers will file your case within the jurisdiction that will work best for your case. Therefore, the defendant will receive a copy of the lawsuit and need to respond within a specified number of days, or the plaintiffs win the case automatically.
4. Discovery phase:
In this phase, both the legal parties will develop arguments for their cases. In addition, the lawyer will have to prove all the signs of injuries caused by the medical malpractice.
5. Negotiating a settlement:
As per the evidence, the Klumpke Palsy lawyer will try to reach a fair settlement, designed to satisfy the interest of both parties. The plaintiff will receive a lump sum of money and the lawsuit will come to an end.
What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation. The experienced and licensed lawyer will help you get maximum compensation for your claim. We will provide you with all the information about your options, our chances of a successful lawsuit, and the right steps to take next. Nevertheless, we will do the research, find expert witnesses, and try to negotiate a settlement. If necessary, our references can also help you argue your Klumpke’s Palsy Lawsuit in a trial to give you the best chances of recovering all the damages and loss from Klumpke.
