The joy of a new baby should never be spoiled by the fear and uncertainty of a birth injury – especially an avoidable one. Has your child suffered a birth injury because of a careless doctor? According to the Healthcare Cost and Utilization Project, 20% of birth injuries sustained by mothers between 2000 and 2006 were avoidable. In 2006, approximately 157,000 avoidable birth injuries were suffered by young mothers and their babies during labor and delivery.
There are many types of birth injuries. brachial plexus injuries are one of the most common types of physical trauma sustained by newborn babies during labor and delivery. If your child has suffered a brachial plexus injury that could have been avoided, you may be entitled to money. Contact a New York City personal injury attorney from Hecht, Kleeger & Damashek, P.C., to learn more about medical malpractice and financial compensation.
Contact us today at (212) 490-5700 to schedule a free, initial consultation of your case.
Simply put, the brachial plexus is a network of nerves that controls movement and feeling in the arm, hand, shoulder, and neck. The nerves are connected to the spinal cord and run from the neck to the shoulder and down the front of the chest. The nerves in the brachial plexus are both motor and sensory; they carry messages to and from the brain that involve motor skills and sensation in the shoulder and arm. However, these nerves are extremely fragile and can be easily injured. If injured, the nerves are no longer able to carry signals to and from the brain. Thus, brachial plexus injuries often result in decreased sensation and motor function in the hand and shoulder.
The brachial plexus can be injured during labor and delivery several different ways. For instance, if the child’s shoulder becomes lodged against the cartilage connecting the left and right pelvic bones, it may suffer a brachial plexus injury. The injury commonly occurs when a doctor pulls down on the baby’s head to dislodge the shoulder from the cartilage. Unnecessary downward traction can easily strain the nerves in the brachial plexus and cause an injury. Additionally, the use of a vacuum extractor or forceps may cause an injury as well.
Although doctors and nurses are told that they should never use excessive force or downward traction to dislodge the baby’s shoulder, it is common medical practice. Many times, this practice goes unnoticed because it does not cause significant injury to the baby. If your child has suffered a brachial plexus injury because a doctor or nurse pulled too hard during the delivery of your child, you may be entitled to financial compensation. Call our firm today to see what a New York City birth injury lawyer from Hecht Kleeger & Damashek, P.C., can do for your case.
There are several factors that can heighten your child’s risk of sustaining a brachial plexus injury during labor and delivery. The term “macrosomia” refers to unusually large birth weight and fetal size. Larger babies are more likely to sustain birth injuries, so doctors should be especially careful while delivering a large baby. Additionally, the shape and size of the mother’s pelvis may contribute to the likelihood of a birth injury as well. Mothers with small pelvic areas are more likely to deliver a child with a brachial plexus injury.
Additionally, babies with shorter mothers are more likely to sustain a shoulder or brachial plexus injury during birth. Excessive weight gain by the mother may increase the child’s chances of sustaining a brachial plexus injury as well. Although these factors contribute to brachial plexus injuries, they do not excuse careless and negligent doctors from making avoidable mistakes. Call Hecht, Kleeger & Damashek, P.C., today to learn more about your rights during a medical malpractice birth injury case. A New York City birth injury attorney from our firm can help you understand your legal circumstances, rights, and options.
The use of forceps or a vacuum extractor can significantly increase your child’s chances of sustaining a brachial plexus injury. To avoid unnecessary injuries, discuss your medical options with a doctor before labor and delivery. Generally speaking, C-Sections, vacuum extractors, and forceps are only used when during emergency deliveries. For instance, if the child’s shoulder becomes stuck in the birth canal, a vacuum extractor may be used to safely deliver the child. Discuss these options with your doctor before an emergency actually occurs.
If the mother’s pelvis is usually shaped, forceps and vacuum extractors may not shift the baby’s shoulders to leave the birth canal safely. Depending on the shape of the mother’s pelvis, the child may need to be shifted or rotated to safely leave the birth canal. However, vacuum extractors and forceps may interfere with the natural positioning of the baby. Instead, these instruments may force the baby from the birth canal straight down. If the child’s shoulders are not able to rotate, they may become stuck and damaged during delivery.
The nerves in the brachial plexus can be damaged in one of three ways: stretch, rupture or avulsion. Stretch injuries – the mildest type of brachial plexus injury – occurs when the nerve fibers are shocked but not permanently damaged. The nerves in the brachial plexus are like the branches of a tree – there are three primary trunks that branch off into thinner nerves. When the trunks of the brachial plexus stretch, the child may suffer a condition called neurapraxia.
This is a short-term injury identifiable by decreased sensation or muscle movement. Although these injuries should not be taken lightly, they do not usually result in permanent damage and may heal within several months without medical attention. As the nerves in the brachial plexus become less swollen and irritated, movement and sensation will return.
Rupture injuries occur when the nerve fibers stretch and break. Partial rupture injuries occur when the nerve fibers break but the nerve sheath remains unbroken. Complete rupture injuries occur when the nerves break and not connecting tissue remains between the halves. Partial rupture injuries may attempt to heal but usually, develop scar tissue.
Complete ruptures may attempt to heal but will probably result in a condition called neuroma. Neuroma occurs when the scar tissue attempts to reestablish communication with the damaged nerve. This type of injury cannot heal without medical attention and may require surgery to repair. Many times, complete recovery is impossible. However, surgical procedures may be able to repair some sensation and movement in the damaged limb.
If your child has suffered an avoidable brachial plexus injury, the New York City birth injury attorneys from Hecht, Kleeger & Damashek, P.C. want to hear from you. At the firm, we believe that careless and negligent medical professionals should be held responsible for their actions. Your child should never suffer because a doctor failed in his duty to protect your well-being and the health of your child. As New York City injury attorneys, we are passionate about helping people and giving our clients the best legal representation we can offer. Our attorneys have accumulated more than 75 years of legal experience – let us put it to work for you.
If you suspect that your child’s brachial plexus injury was caused by doctoral negligence, you need a birth injury lawyer in New York City. During an injury claim, you must be able to demonstrate that another individual was negligent and that their actions resulted in your child’s injury. A New York City personal lawyer from our firm can help you establish liability in your birth injury case so that you can get the financial compensation you need and deserve. Contact us today at (212) 490-5700 to see what the legal team at Hecht Kleeger & Damashek, P.C., can do for your family.
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08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
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04/01/2021
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03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
02/23/2021
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I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
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01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
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I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
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Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
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We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
12/29/2020
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12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
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Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
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Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
12/07/2020
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12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
01/21/2020
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07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
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07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
07/05/2015
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I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…