A brachial plexus injury signals possible medical malpractice when a delivery team misses or mishandles a known risk factor, such as a stuck shoulder or a large baby, during birth. Watching your newborn’s arm hang still when it should be reaching for you is not something you prepare for, and no parent should have to wonder alone whether it could have been prevented.
Our Minneapolis brachial plexus injury lawyers, working within our broader Minneapolis birth injury practice, investigate what happened in your delivery room. We hold obstetricians, delivery teams, and hospitals accountable in Hennepin County District Court.
Founding attorney J. Ashwin Madia has led our trial team since 2009, recovering millions for Minnesota families. We represent families and children treated at hospitals across the Twin Cities, including Hennepin County Medical Center, Abbott Northwestern, and the University of Minnesota Medical Center.
Call (612) 349-2729 or reach out online for a confidential case review of your delivery records.
Why Minneapolis Families Choose Madia Law
- Proven Jury Trial Track Record: More than $50 million recovered for Minnesota clients, including multiple six- and seven-figure verdicts and settlements.
- Elite Peer Recognition: J. Ashwin Madia is a Fellow of the American College of Trial Lawyers, an honor reserved for the top 1% of trial advocates in the U.S. and Canada.
- 17 Years Representing Minnesota Clients: Madia Law has represented Minnesota malpractice clients since the firm’s founding in 2009.
- Statewide Recognition: J. Ashwin Madia is a Super Lawyers honoree, 2019 to 2026, and National Trial Lawyers Top 100 (Minnesota).
- Trial-Ready From Day One: Every case, including birth injury malpractice claims, is prepared as if it is going to trial.
- Built to Beat Giants: J. Ashwin Madia’s foundation in high-stakes military and civil litigation as a U.S. Marine Corps judge advocate, built to take on hospitals, insurers, and their legal teams.
- Client Trust: A 4.7-star average rating from 126+ verified Google reviews from Minnesota clients.
See more of our documented settlements and verdicts.
That courtroom performance starts long before trial. Here is what that preparation looks like:
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What Is a Brachial Plexus Injury?
A brachial plexus injury is damage to the network of nerves running from the spinal cord in the neck through the shoulder and into the arm and hand. These nerves control movement and feeling in the shoulder, arm, and hand, and a difficult delivery can stretch, compress, or tear them.
A brachial plexus birth injury occurs in 1 to 3 out of every 1,000 births (Boston Children’s Hospital, 2024). A mild injury involves a temporary nerve stretch that resolves within weeks or months. A severe injury involves the nerve root being torn completely away from the spinal cord, which cannot heal without surgery.
Contact Madia Law To Discuss Your Case.
What Causes a Brachial Plexus Injury During Delivery?
A brachial plexus injury happens most often when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery, a complication called shoulder dystocia. Delivery teams have known maneuvers to free a stuck shoulder without injuring the nerves. A brachial plexus injury frequently signals that those maneuvers were mishandled, delayed, or substituted with unsafe force.
Common risk factors and causes include:
- Shoulder dystocia during assisted vaginal delivery.
- Fetal macrosomia, meaning the baby weighs more than 8 pounds, 13 ounces.
- Breech presentation, where the baby is positioned feet or bottom first.
- Maternal diabetes, including gestational diabetes.
- Prolonged or difficult labor (failure to progress).
- Forceps or vacuum extractor use during delivery.
- Excessive traction or pull on the baby’s head or neck.
A risk factor alone does not prove obstetric malpractice. Whether it does depends on what your delivery team did once that risk factor appeared.
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When Is a Brachial Plexus Injury a Sign of Medical Malpractice?
A brachial plexus injury is a sign of medical malpractice when your delivery team knew or should have known about a risk factor and failed to respond to it with the maneuvers and decisions the standard of care requires.
Minnesota law requires proof of four elements to win a malpractice claim: your provider owed you a duty of care, the provider breached that duty by acting outside what a similarly trained provider would do, the breach caused your child’s injury, and your child suffered measurable damages. An experienced Minneapolis medical malpractice lawyer establishes each element using required expert testimony and medical evidence.
How Delivery Teams May Commit Malpractice
- Ignored Risk Factors: Overlooking high-risk signs before delivery, such as maternal diabetes, a breech position, or a large baby size (fetal macrosomia).
- Delayed C-Section: Waiting too long to perform a medically necessary emergency cesarean section during a stalled, dangerous, or high-risk labor.
- Shoulder Dystocia Mismanagement: Failing to properly handle situations where the baby’s shoulder gets stuck behind the mother’s pelvis using standard emergency maneuvers.
- Excessive Force: Applying excessive lateral traction, pulling, tugging, or twisting the infant’s head, neck, or shoulders too hard during delivery.
- Misuse of Delivery Tools: Improperly applying delivery instruments like forceps or vacuum extractors.
How Hospitals Can Be Held Accountable
A hospital can carry vicarious liability even if the attending physician was an independent contractor. Under the doctrine of apparent authority, recognized by the Minnesota Supreme Court in Popovich v. Allina Health System, 946 N.W.2d 885 (Minn. 2020), health systems are held accountable when families rely on them for emergency or maternity care.
Was your baby’s shoulder stuck during an unplanned vaginal delivery your provider should have flagged as high-risk? Call (612) 349-2729 to tell our team what your delivery record shows.
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Jury trial. “Like watching a legal thriller.” He worked late into the night perfecting arguments. Your hard work changed our lives.
“Ashwin Madia was part of our team in our medical malpractice case that went all the way to a jury trial. Watching him in court, and particularly in front of the jury, was like watching a legal thriller. He was amazing to watch. He did not leave out even the most minor details. He was well-prepared and even at the end of every day he worked late into the night perfecting his arguments for the following day. He is an amazing attorney. My husband and I highly recommend. Thank you Ashwin! Your hard work changed our lives.”
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Before You Talk to the Hospital or Insurance Company
A hospital risk management representative or an insurance adjuster may call within days of your baby’s diagnosis. That conversation can feel supportive, but anything you say can still be used against your claim.
Do not give a recorded statement, sign a medical records release, or agree to a characterization of what happened before you talk to an attorney. A hospital’s own investigation begins immediately, and statements you make while still absorbing a diagnosis can be framed later to deny liability.
If you are still unsure whether the signs of medical malpractice apply to your delivery, that uncertainty is exactly why you should speak with a birth injury lawyer first, not with the hospital. Speak with our team before signing any paperwork so we can tell you what to say and what medical records and evidence to preserve.
What the hospital will not volunteer is what your child’s long-term care is actually going to cost, or what that cost means for your claim.
What Compensation Can You Recover for a Brachial Plexus Injury Claim in Minnesota?
Minnesota law places no statutory cap on damages a family can recover in a brachial plexus injury malpractice case. Depending on the severity of your child’s nerve damage, available compensation includes:
- Past and future medical bills for diagnostic testing, physical therapy, and nerve surgery
- Long-term medical care for a lasting condition, including surgical nerve repair, tendon transfers to restore arm movement, or orthotic devices
- Prescription medications
- Rehabilitative and occupational therapy
- Parental lost wages for a parent who reduces work hours to manage appointments
- Physical pain and suffering
- Loss of enjoyment of life
For one Minneapolis patient, compensation from a hospital’s mistake looked like this:
Featured Case Result
$2.05 Million Jury Verdict: Hospital Negligence
A hospital left a surgical sponge inside a colon cancer patient, halting his critical treatment and shattering his recovery. When they tried to buy their way out with a lowball $175,000 offer, we took them to trial. A St. Louis County jury delivered the answer: $2.05 million in full accountability.
We bring the same refusal to accept a lowball number to every case where a hospital missed what should have been caught, including a brachial plexus injury during what was supposed to be a routine delivery.
Don’t let a hospital’s delivery-room mistake fall on your family’s shoulders. Call (612) 349-2729 to speak with our Minneapolis team. We help you demand full accountability.
Signs of a Brachial Plexus Injury in Your Baby
A brachial plexus injury does not always announce itself in the delivery room. Watch for these signs and symptoms in the days and weeks after birth:
- The arm hangs limp at the baby’s side.
- The baby does not grip with one hand the way the other hand does.
- The affected arm shows less movement than the other arm during normal activity.
- The baby does not extend the arm during a Moro reflex, the startle response newborns show when their head drops back.
- The affected arm rests bent at the elbow with the wrist turned inward, sometimes called a waiter’s tip position.
Tell your pediatrician immediately if you notice any of these signs. Early diagnosis gives your child the best chance at recovery and preserves the medical record your claim will depend on.
Types of Brachial Plexus Injuries
The type of brachial plexus injury your child has affects both treatment options and the strength of your legal claim.
| Type | Nerves Affected | Typical Presentation |
|---|---|---|
| Erb’s palsy | Upper nerves (C5 and C6) | Weakness in the shoulder and elbow. The child can often move the fingers. |
| Klumpke’s palsy | Lower nerves (C8 and T1) | Weakness in the hand and wrist. Grip is affected. |
| Horner’s syndrome | Sympathetic nerve chain near C8 and T1 | Drooping eyelid, smaller pupil, and reduced sweating on the affected side of the face |
| Total plexus involvement | All five nerve roots (C5 through T1) | Little to no movement in the shoulder, arm, or hand |
Recovery from any of these types depends on the treatment your child receives after birth. If your baby has been diagnosed with any form of brachial plexus damage, contact Madia Law today. Our team will review your delivery records to help you seek the full compensation your family deserves.
How Long Do You Have to File a Brachial Plexus Lawsuit in Minnesota?
Parents suing on behalf of an injured child generally have four years from the date of the delivery-room negligence to file a lawsuit (Minn. Stat. § 541.076). While tolling provisions exist for minor children, waiting can result in lost medical records and faded witness memories.
Mandatory Expert Affidavits: Minnesota law requires two qualified medical expert affidavits before your case proceeds. Your attorney files one alongside your initial complaint and a second within 180 days, confirming that an obstetric specialist reviewed your delivery records and found medical negligence (Minn. Stat. § 145.682).
Missing either affidavit gives Minnesota courts grounds to dismiss your case with prejudice. Our guide to Minnesota’s statute of limitations for medical malpractice covers additional exceptions that may apply.
Building a medical malpractice case and securing qualified expert reviews takes months. Call (612) 349-2729 today to ensure your family’s legal rights and deadlines are protected.
Meet the Minneapolis Trial Team Handling Your Brachial Plexus Injury Case
The attorney handling your brachial plexus injury claim prepares it as if a jury will decide it, because a hospital that knows we are ready to try a case settles differently than one that expects us to fold.
J. Ashwin MadiaFounding attorney. Tried more than 100 cases as a U.S. Marine Corps judge advocate before leading our malpractice trial team in Minneapolis since 2009.
Zane A. UmstedAssociate attorney whose practice focuses on research and writing for trial and appellate cases, building the standard-of-care argument a brachial plexus claim needs to win in court.
Anna MitchellAssociate attorney who clerked in Hennepin County District Court before joining our trial team, bringing a meticulous, client-centered approach to every case she supports.
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“I found him to be very straightforward, no nonsense, a clear communicator.”
“I was referred to Ashwin Madia when it became evident that my case was going to jury trial. He is definitely an expert as a trial lawyer. I found him to be very straightforward, no nonsense, a clear communicator, and I was pleased with the outcome he brought at trial. I would recommend him, and I would go to him again to represent me if the need ever arises.”
Minneapolis Brachial Plexus Injury FAQs
Is Erb’s Palsy the Same as a Brachial Plexus Injury?
No, Erb’s palsy is not the same as a brachial plexus injury. Erb’s palsy is one specific diagnosis under the broader brachial plexus injury claim, the kind of delivery-room malpractice most often causes. Klumpke’s palsy, Horner’s syndrome, and injury to all five nerve roots fall under that same claim, and the diagnosis your child received shapes what your case is worth.
Can a Brachial Plexus Injury Happen Without Malpractice?
Yes, a brachial plexus injury can happen without malpractice. An unusually strong contraction or an unpredictable fetal position can stretch these nerves even when a provider performs every recommended maneuver correctly. Malpractice requires a deviation from the standard of care, not simply a difficult delivery.
Who Is Responsible if a Nurse or Resident, Not the Attending Physician, Caused the Injury?
The hospital is typically responsible. Nurses and residents are hospital employees, so ordinary employer liability applies directly to their actions. An independent contractor physician requires a different legal theory, apparent authority, but either way, your claim is not limited to one individual’s actions.
Can I Still File a Claim if My Child Already Had Nerve Surgery?
Yes, you can still file a claim after your child has had nerve surgery. Surgical records, including the surgeon’s operative notes, often provide some of the strongest evidence of how severe the original injury was and what it will cost your family going forward.
What Is a Brachial Plexus Injury Case Worth?
The value of a brachial plexus injury claim depends on the severity of the child’s nerve damage, the treatment and surgery needed, and how clearly the evidence shows a standard-of-care deviation. A case review allows an attorney to evaluate the potential recovery by examining your medical records against these three factors.
How Much Does It Cost to Hire a Brachial Plexus Injury Lawyer?
Hiring a brachial plexus injury lawyer costs nothing upfront. We work on a contingency fee, so you owe no attorney fees unless we recover compensation for you. We confirm the exact fee arrangement during your case review, before you commit to anything.
Call a Minneapolis Brachial Plexus Injury Lawyer Today
When a birth that was supposed to be joyful ends in trauma, fear, and a serious diagnosis, you should not have to carry the financial and emotional weight alone. While you focus on your baby’s medical care and recovery, Minnesota’s legal deadline continues to run.
Call (612) 349-2729 or contact us online for a compassionate, confidential case review.
Our team takes the time to listen to your story first. If we can help, we will connect you directly with a trial attorney to review your delivery records, explain what happened, and lay out a clear path forward.
At Madia Law LLC, our attorneys represent families across Minneapolis, St. Paul, Edina, and statewide, handling complex delivery-room claims involving health systems such as Hennepin Healthcare (HCMC), Abbott Northwestern Hospital, and M Health Fairview University of Minnesota Medical Center.
Get in touch with us here if you’re ready to have allies who understand.
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