If you child has suffered a brachial plexus injury, you are looking for answers for your child. One answer may be getting compensation to help you child cope with this injury. If you want the best for your child, it is very reasonable question to ask what the average settlement value of brachial plexus birth injury cases is and what your child's claim might be worth.
The average settlement or verdict in brachial plexus birth injury cases in the ten example cases below is over $2 million. But these injuries vary wildly in severity. So the average is not a particularly useful number here.
Ultimately, the answer to the range of settlement values for your case lies in your child's medical records. (We will review these for you at no charge.) Below we have provided sample claims t help you better understand the range of the value of these cases. If the case sounds just like yours, can you assume the settlement or trial value is exactly the same? Of course not. Still, these 17 cases are a big enough sample size of result and facts to help you better understand the potential value of your case.
Learn about what makes for a viable brachial plexus claim in Maryland
Bringing a birth injury case in Maryland
2016, Florida: $4,821,000 Verdict. Plaintiff is giving birth to her daughter at defendant hospital. During the birth, defendants encounter shoulder dystocia and apply excessive traction to the infant's head. The infant is diagnosed with a brachial plexus injury and a rupture of two discs in her back due to the excessive traction applied during the delivery. The infant has permanent loss of function in her right arm. A jury found that the midwife was 60% negligent and that the doctor was 40% negligent, and awarded the plaintiff $4,821,000.
2016, Connecticut: $4,200,000 Verdict. A woman is under the care of defendants for her pregnancy. During her labor and delivery, the midwife fails to diagnose the infant's shoulder dystocia. During the delivery, it becomes apparent that the shoulders are not delivering, so the midwife uses lateral traction to push the infant's head down and twist the head in an attempt to release the shoulder. This results in a brachial plexus injury to the infant, and the infant has limited use of her arm and shoulder. The parents file this claim, alleging negligence in failing to diagnose the mother and that as a result, the infant suffered permanent injuries due to the excessive traction during the delivery process. A jury awards the infant and her parents $2,360,000 for loss of enjoyment of life, $840,000 for pain and suffering, and $1,000,000 for permanent injury.
2016, Illinois: $2,814,338 Verdict. A woman is giving birth to her son when the defendant doctors fail to check prenatal blood sugar levels and fail to recommend or offer the woman a Cesarean section. Instead, defendants use excessive traction during the birthing process, and the infant suffers a brachial plexus injury due to shoulder dystocia that he endured during the delivery. The defendants deny, but a jury awarded the plaintiffs $2,814,338.
2016, Texas:$2,700,000 Verdict. A woman receives treatment from defendants during her pregnancy. When it comes time to deliver her infant, the fetus is found to be larger than the average size. Despite this finding, defendants do not recommend a C-section. During the delivery, defendant encounters shoulder dystocia and the fetus is delivered with a severe brachial plexus injury. Plaintiffs allege that the infant is permanently disabled and that the defendants should have performed a C-section once realizing the size of her fetus. The defendants denied negligence, but a jury awards the plaintiffs $2,700,000.
2016, New York:$2,000,000 Settlement. A woman gives birth to her daughter via vaginal delivery under the care of defendants. Shoulder dystocia is encountered but defendants fail to perform the appropriate maneuvers to deliver the girl. The woman claims that defendants should have recognized the increased risk of shoulder dystocia due to the size of her fetus and her gestational diabetes. As a result, the infant suffers right Erb's palsy, a brachial plexus injury, and a left humerus fracture. The defendants denied liability but settled the case for $2,000,000.
2016, New York:$1,228,261 Settlement. Plaintiff receives prenatal care from defendants. They fail to diagnose and treat fetal distress. The infant is not delivered via C-section, and shoulder dystocia is encountered. The infant suffers a birth-related neurological injury, brain damage, Erb's palsy, brachial plexus injury, seizure disorder, and stroke. The Hospital settled with the plaintiff for $1,228,261. The case against the doctor went to trial and a jury found in favor of the defendant.
2016, New York: $1,184,162 Settlement. A woman is giving birth to her son under the care of defendant obstetrician/gynecologist. Defendant fails to perform a C-section in a timely manner, and as a result the infant suffers a left brachial plexus injury and mid-shaft humeral fracture during the delivery. The parents file this lawsuit and the parties settle the claims for $1,184,162.
2016, New Jersey:$1,000,000 Settlement. A woman is giving birth to her baby when the defendant uses excessive traction. He uses a vacuum to deliver the baby to avoid brain damage, but he encounters shoulder dystocia as well. As a result, the infant suffers a right brachial plexus injury and Erb's Palsy. The defendant argues that the brachial plexus injury did not occur due to excessive force. At four months old, the child has surgery, which provides her with relative good movement at waist level but she is unable to move one of her arms. The parties settle before trial started for defendants' insurance policy limits of $1,000,000.
2016, California:$950,000 Settlement. A woman is admitted to defendant hospital to deliver her infant. Defendants diagnose gestational diabetes but they do not inform the mother. They fail to inform the woman of the risks of gestational diabetes or the fact that since during a prior birth shoulder dystocia was involved so her risks of encountering it again are increased. Additionally, the infant is heavier than average, which also points to the requirement of a C-section instead of vaginal birth. They fail to offer her a C-section. During delivery, shoulder dystocia occurs. This leads to severe brachial plexus paralysis of the infants arm, shoulder, and hand. The parties settled the case for $950,000.
2016, New York:$709,485 Settlement. A woman is giving birth to her daughter, during which shoulder dystocia is encountered. The defendants fail to properly address this and fail to deliver the infant by C-section, causing a brachial plexus injury. As a result, the infant suffers neurological damage, brain damage, and cognitive delays. The parties settle the case for $709,485.
2016, California: $450,000 Settlement. During delivery, defendant doctors encounter one of the baby's shoulder being stuck. They fail to deliver the baby safely, resulting in shoulder dystocia and permanent right brachial plexus paralysis. The defendants argue they did not deviate from the standard of care, but they settle the case for $450,000.
2015, Oregon: $1,012,000 Verdict. While a woman is giving birth to her daughter, defendants apply pressure and urge her to continue to push harder. Defendants use excessive traction during the delivery, and as a result, the infant suffers brachial nerve root avulsions leaving her with minimal use of her left arm and shoulder. A jury awards the woman $312,000 for economic damages and $700,000 for noneconomic damages.
2015, Pennsylvania:$975,000 Settlement. A woman has several ultrasounds towards the end of her pregnancy indicating that her fetus is large. She is allowed to continue her pregnancy without scheduling an induction. Her membranes rupture and she goes to the hospital where she comes under the care of defendants. They deliver her baby, during which shoulder dystocia is encountered. Defendants use a vacuum and push on the woman's stomach, breaking the infant's arm. The baby suffers the broken arm and a permanent brachial plexus injury, and the woman claims that defendants should have recognized that her fetus was going to be large and offered a C-section. The parties settled for $975,000.
2015, New York:$950,000 Settlement. Defendant is delivering a woman's baby when he encounters shoulder dystocia. The defendant is unsuccessful in alleviating the shoulder dystocia and he applies excessive traction. As a result, the infant suffers Erb's Palsy, a permanent injury to her brachial plexus nerve, and a developed elbow contraction from Erb's Palsy. The defendant denied liability but settled the claims for $950,000.
2014, California:$5,510,757 Verdict. A mother is giving birth to her daughter when defendants fail to diagnose the obstructed delivery. Defendants use suction cups to assist the delivery, without diagnosing the reason for the block. As a result, the infant suffers damage to her brachial plexus nerve group, and she has permanent loss of mobility in her left arm. A jury awards the plaintiffs $5,510,757, which is later reduced to $801,205.
2014, Massachusetts:$1,000,000 Settlement. Plaintiff has a history of shoulder dystocia, but it is not documented in her medical records. Defendants fail to inform her of the risks associated with a vaginal birth due to her history. As a result, when she is giving birth, her infant suffers a brachial plexus injury that is permanent. The woman claims that if she would have been informed of the risks, she would have opted to deliver her baby via C-section. The parties settled the case for $1,000,000.
2014, Illinois:$500,000 Settlement. A woman is giving birth to her child at defendant hospital when the doctors place excessive traction on the infant's head and neck, failing to recognize the woman's risk factors for shoulder dystocia. As a result, the girl suffers a brachial plexus injury. The defendants deny liability but settle the claim for $500,000.
Call 800-553-8082 if your child has suffered a brachial plexus birth injury and you believe negligence of a doctor or nurse may have been the reason for the injury. Our malpractice law firm has caring and compassionate lawyers who have a track record of success in catastrophic injury cases. You can also get a FREE no obligation online case evaluation.