Last Updated on August 7, 2024

Can I Sue if My Baby Was Diagnosed with Klumpke’s Palsy?

Parents whose babies suffer from Klumpke's palsy due to medical negligence during childbirth may have grounds for a lawsuit. It’d be best for families considering legal action to consult with specialized birth injury attorneys as soon as possible; one that will help them investigate and establish their claim. All affected families deserve to be rightfully compensated – allowing them to properly recuperate and ensure a better development for their child.

In the United States, latest data show that there are about 3.7 million births within the country annually (years 2021 to 2023 considered). Brachial plexus injuries have been found to occur in up to 2.5 per 1000 live births. Following these estimates, we can conclude that there could be roughly 9,250 brachial plexus birth injuries in the US per year.

Klumpke's palsy can occur during childbirth due to excessive stretching of the lower brachial plexus nerves, often from pulling on the baby's arm during a difficult delivery. Apart from proper delivery, a medical team must properly evaluate all factors concerning a mother and the baby inside her. Doing so effectively mitigates the chance of birth injuries from happening during labor – however, this isn’t always the case. 

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What is Klumpke’s Palsy?

Klumpke's Palsy is a type of brachial plexus injury that affects the lower nerves of this network. The brachial plexus is a group of nerves that originate from the spinal cord in the neck and control movement and sensation in the shoulder, arm, and hand.

Technically speaking, the brachial plexus consists of five main nerves (C5-T1) that branch out to form the nerves controlling the upper limb. Klumpke's Palsy specifically involves injury to the lower nerves (C8-T1).

Klumpke's Palsy from childbirth can indeed have varying degrees of severity:

1. MildTemporary weakness, usually resolving within a few months.
2. ModeratePartial loss of function, which may improve with therapy.
3. SevereComplete loss of function, which is potentially permanent.

The severity depends on the extent of nerve damage:

  • Neurapraxia – Stretching of the nerve, typically recovers.
  • Rupture – Nerve torn, may require surgical repair.
  • Avulsion – Nerve root torn from spinal cord, most severe.
  • NeuromaScar tissue formation, partial recovery possible.

Treatment and prognosis vary based on the degree of injury. Early diagnosis and intervention is crucial when looking for the best development for affected children.

What Causes Klumpke’s Palsy?

As stated earlier, proper evaluation of maternal and infant well-being is crucial to successful child delivery. Failure to properly diagnose a mother’s health often leads to adverse outcomes. Some of the risk factors that must be considered during childbirth include:

By failing to factor these in, a medical team is set to face challenges that may bring forth any unwanted birthing injuries – Klumpke’s palsy included. These challenges may include, but are not limited to:

1. Shoulder dystocia: This occurs when the baby's shoulders become stuck behind the mother's pubic bone after the head has emerged. It's a medical emergency that can lead to excessive pulling or stretching of the baby's neck and shoulders.

2. Prolonged or difficult labor: Extended periods of contractions and pushing can increase pressure on the baby's brachial plexus. This may occur due to maternal exhaustion, ineffective contractions, or fetal malpositioning.

3. Breech presentation: When a baby is born feet or buttocks first, there's an increased risk of arm positioning that could stretch the brachial plexus during delivery.

4. Forceps or vacuum extraction: These assisted delivery methods can sometimes apply excessive force to the baby's head and neck, potentially injuring the brachial plexus.

5. Excessive traction: In difficult deliveries, healthcare providers might apply too much force when guiding the baby through the birth canal, particularly when trying to resolve shoulder dystocia.

6. Macrosomia: Large babies (typically over 4000 g or 8.8 lbs) are at higher risk for difficult passage through the birth canal, increasing the likelihood of complications that could lead to brachial plexus injuries.

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What are its Early Symptoms?

Diagnosing Klumpke's palsy in injured children can be challenging, especially in newborns. Infants have very limited ways to communicate their discomfort after all. However, there are several early symptoms that healthcare providers watch for. These include:

  1. Weakness or paralysis in the hand and wrist
  2. "Claw hand" appearance (fingers flexed, thumb adducted)
  3. Lack of grip strength
  4. Reduced or absent reflexes in the affected arm
  5. Decreased sensation in the inner forearm and hand
  6. Horner's syndrome (drooping eyelid, constricted pupil) in some case

The trajectory for children with Klumpke's palsy varies with injury severity. Mild cases often fully recover within 3-6 months through physical therapy. More severe cases, on the other hand, might require surgery and could result in permanent physical weakness.

With early intervention and proper treatment, children with Klumpke's palsy can often develop similarly to their peers. However, they may experience delays in fine motor skills, particularly in the affected hand, and gross motor development if shoulder or elbow function is impacted. They might need to adapt techniques for self-care activities and may face some limitations in sports and physical activities.

Diagnosis and Treatment

Families suspecting their children to have Klumpke’s palsy may turn to pediatric neurologists or orthopedists for definitive answers. Under the care of these specialists, children may be subjected to the following exams:

Children who test positive for Klumpke’s Palsy may be prescribed various regiments depending on the extent of their injury. Naturally, more severe conditions would need multiple complementary treatments.

MEDICAL INTERVENTIONGOAL
Physical therapyTo maintain joint flexibility and muscle strength.
Occupational therapyTo improve fine motor skills and daily activities.
Splinting or bracingTo support proper positioning of the affected limb.
Botox injectionsTo reduce muscle tightness in some cases.
Surgical interventions– Nerve grafts or transfers
– Tendon transfers
– Joint releases
Pain managementTo alleviate chronic pain in affected children.
Constraint-induced movement therapyTo encourage the use of the affected body parts.

Early intervention is crucial for optimal outcomes. With enough support, many children with Klumpke's palsy can achieve good functional outcomes and lead fulfilling lives. However, severe cases may require prolonged management and several day-to-day adaptations.

Speak to a Medical Malpractice Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.

Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on August 7, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on August 7, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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