United Brachial Plexus Network, Inc.

Hi, Breonna,

My problems, as Ken mentioned, were/are bathroom and sexual issues. Both were quite significant regarding pain and discomfort. Only extensive physical therapy alleviated the severe pain. And, as has been mentioned, neither are fun to talk about with doctors or lawyers. As I said before, both got better over time, but I'm sure they would not have without medical care. Fortunately, I had a female physical therapist who was compassionate, and easy to talk to. I would tell whoever was necessary, though, to get the help you need. If you want to talk more I am cerainly willing to. Just email me at amyclark2@yahoo.com. I will give you my telephone number from there if you would like to talk in person. I know what you are going through!!

Amy Clark

I was not injured, however, a friend of mine was...her child had a BPI too.....but after she took care of her son's issues, they had to do recontructive surgery on her...to the tune of 12 hours !!!! And then had to be on bed rest for 8 weeks !!! GAYLE

Ken,
Do you have any advise on what to tell the lawyers in regards to a child's injuries? I talked to a lawyer today and he just didn't seem to understand my case. Does anybody else have any advise on this issue? Has anybody won their case?
Breonna, Joseph's mommy,LOBPI

This may sound like an odd response, but if you have to explain to the lawyer what a brachial plexus case is, find another lawyer. This is a very complex area of medicine and you do not want your lawyer to learn at your expense. This area of medicine has changed quite a lot in recent years. The medical community has joined together to write several questionable medical articles, not based in proper medicine, that suggest a child can suffer a brachial plexus injury in the absence of shoulder dystocia and excessive lateral traction. The lawyer must know the medicine well enough to be able to challenge this literature and the realted theories of defense. I have actually been able to file motions with the court to throw out these questionable defenses.
A lawyer inexperienced in brachial plexus cases simply has no chance.

Yes, people do win their cases. Many cases are settled prior to trial, but cases do win at trial also. It is difficult to win, it requires a combination of experience, preparation and hard work, but it can happen. Doctors can try as hard as they want to deny the truth, to write articles that try to explain how the injury can happen in the absence of shoulder dystocia, but in the end, if properly cross examined, the defense experts fail. I recently cross examined a ob/gyn defense expert a a deposition who was trying to testify that the child suffered a brachial plexus injury in the absence of shoulder dystocia and excessive lateral traction. Within a a short time we were able to force the expert to admit that he taught medical students not to place excessive traction on the babys head becuase it can cause brachial plexus injury, and that he actually could not support his theory of defense. Needless to say, the case was settled within a week after that .
deposition.

Hang in there and you will find a lawyer experienced in brachial plexus cases and will hopefully win. Keep fighting for your child and everything will work out for you. If you have any other questions, please post a note of contact me directly.

Ken Levine
Klevine@Klevinelaw.com
www.Klevinelaw.com
617-566-2700

Ken,
In my case I had a BPI specialist write a report about my son and it clearly states, "Brachial Plexus injury due to shoulder dystocia at birth." So they will have a rough time trying to argue that it didn't take place. Also on the medical report from my son's birth it states that there was sholder dystocia for 3 minutes. I agree with you about getting a lawyer who knows what he is fighting for. Thank you again,
Breonna