Truck Accident Multimillion-Dollar Settlement.

"M.A.," a 30-year-old man, was driving to work in New Mexico. Suddenly a commercial truck veered across the center line and struck his vehicle head on. M.A. died at the scene. The McNeely Stephenson firm was hired shortly after the crash to represent the family of the deceased.

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Birth Complications: Brachial Plexus Injuries

The vast majority of births in this country are perfectly normal with good outcomes, producing healthy infants. But sometimes unforeseen complications can arise. Brachial plexus birth injury, sometimes called brachial plexus birth palsy (BPBP), is one possible set of health problems that can occur when the birth process goes awry.

Brachial plexus birth injuries happen more often than you might think: As many as three out of every 1,000 infants end up with some kind of BPBP due to difficulties encountered while the mother gives birth. This group of injuries usually occurs only on one side of the upper body and can affect the function and movement of the shoulder, arm, wrist, and hand. A lack of feeling or numbness in the affected area can also result. BPBP can cause lifelong disability.

The Brachial Plexus and Nerve Damage

The grouping of nerves that enable the shoulder, arm, wrist and hand to communicate with the spinal cord is called the brachial plexus. An injury to this neural network can produce malfunctions in using the muscles in various parts of the limb, depending on which nerves sustain damage. The harm done to this network can create difficulties in lifting, bending, straightening, or lowering the arm. The specific location of the injury and the severity of the trauma to the brachial plexus dictate the type of impairment.

There are four possible kinds of nerve trauma that are common with brachial plexus injuries. From the mildest to the most severe, they are:

  • The nerve is damaged from stretching.
  • The nerve has healed from a tear, but scar tissue has formed, interrupting the signals that travel along the nerve to the muscles.
  • The nerve has torn, but the tear is not where the nerve attaches to the spinal cord.
  • The nerve has torn away from the spinal cord.

Damage to the brachial plexus during the birth process can give rise to certain palsies:

  • Erb’s palsy. With Erb’s, it is the upper brachial plexus nerves that are injured, producing problems with normal movement of the shoulder and arm.
  • Klumpke’s palsy. With Klumpke’s, it is the lower brachial plexus nerves that are injured, producing problems with normal movement of the wrist and hand.
  • Global palsy. In global palsy, both the upper and lower sets of nerves sustain trauma. This can result in no movement of the shoulder, arm, or hand, along with a lack of sensation in the affected areas.

Symptoms and Diagnosis of Brachial Plexus Injury

The symptoms of brachial plexus injury arising from the birth process are usually noticed fairly quickly:

  • The infant’s upper or lower arm or hand has no movement.
  • The affected arm is held against the body, bent at the elbow.
  • The Moro reflex (also known as the startle reflex, something that is present only the first few months after birth) on the affected side is absent.
  • The infant’s grip on the affected side is weak.

When symptoms are seen, the doctor will examine the infant for movement in the affected arm or hand. The limb may flop if the infant is gently rolled from side to side. If the Moro reflex is not present, X-rays of the collarbone may be ordered, along with special tests such as an electromyogram (EMG) to gauge muscle strength and a nerve conduction study (NCS) to discover how far impulses are traveling along the nerve.

Reasons for Brachial Plexus Nerve Damage

The most normal-appearing birth can go bad quickly, necessitating certain actions on the part of medical personnel. If excessive and extreme force or stretching is used to remove the baby from the mother, brachial plexus injuries can occur. Sometimes excessive force is due to forceps or to vacuum extraction.

Shoulder dystocia, or the baby’s shoulder being “stuck” in the mother’s pelvis, can result in damage to the brachial plexus nerves if the doctor or midwife uses too much force trying to “unstick” the infant’s shoulder. This can happen even if forceps or vacuum extraction is not used.

Other risk factors for brachial plexus birth injury besides shoulder dystocia include:

  • An unusually large infant
  • Maternal diabetes
  • Maternal obesity
  • Breech birth (feet first)
  • Prolonged labor and the need for quick delivery.

There can be times when a Caesarean section (C-section) is called for, especially when the infant is large or when a C-section is needed to prevent harm to the infant or mother. Sometimes brachial plexus injuries can be considered a result of medical malpractice, if the medical standard dictated that the doctor should have recognized the need for a C-section.

Treating Brachial Plexus Birth Injuries

Physical therapy and gentle massage can sometimes remedy mild cases, such as neuropraxia, where the nerve is stretched but not torn. However, if the problem shows no sign of healing after three to six months, surgery may be needed. More severe cases of brachial plexus birth injury, such as avulsion, usually need surgical repair.

The more serious the damage to the brachial plexus, the more likely it is that problems will be lifelong, resulting in permanent disability. A lifetime of specialized treatment and care for BPBP can reach $1 million. The cost of care for a child with such an injury can drain a family’s resources. When negligence resulting in medical malpractice is present, a lawsuit can provide funds which will ease this burden and guarantee adequate and effective treatment for your child.

real-life cases

“B.K.” was driving on a two-lane road one Sunday afternoon with his mother in the front seat and his brother and sister-in-law in the back seat when his life was forever changed. B.K. was struck head on by D.C.

D.C. had spent the day drinking with a friend and had stopped at a restaurant less than five miles from the point of the accident where D.C. had been served several drinks. D.C.’s blood alcohol level was more than twice the legal limit.

As a result of the terrible wreck, B.K. received devastating injuries, which included multiple broken bones, facial fractures, and loss of vision. B.K.’s mother, brother, and sister-in-law were all killed in the accident.

As one would anticipate, D.C. had virtually no insurance. Stephenson, through his thorough and detailed investigation, was able to prepare claims against the restaurant and those that provided the alcohol.

Stephenson pursued dram shop claims against those responsible CASE SUMMARY

D.H. was a competitive bicyclist who was riding in preparation for a cross-country fundraising ride. In the spring of 2010, D.H. was riding across an old steel-grated deck bridge in Shelby County when he hit a hole in the bridge and flipped over the handlebars of his bike. The impact to the bridge decking caused severe injuries to his face, teeth, tongue, and elbow.

Through the investigation, they were able to learn as early as 1998, the bridge inspection reports showed the bridge in question needed to be replaced. The county never authorized additional inspections. The county obtained $844,000 in funding for the replacement of the bridge in 2000, but the Historical Society and adjacent property owners wanted the bridge repaired rather than replaced.

This crash could have been avoided if the inspectors and county had done their jobs. CASE SUMMARY

Our client (“D.W.”) was a front-seat passenger in a vehicle that was struck by a UDF truck making deliveries. D.W. received broken arms and legs, as well as internal injuries. Stephenson was retained by D.W.’s personal counsel to prepare and try the case. Discovery determined that the UDF driver had multiple driving violations. Stephenson retained numerous experts to show the jury the devastating effects of the injuries. Before trial, the defendant’s company stated that a jury in a small southern county in Indiana would never return a verdict for $1 million in this case.

The defendant was correct; the verdict was twice that amount. CASE SUMMARY

When something goes wrong, we are left to wonder.

A skilled personal injury attorney, with the assistance of experts, will be able to scrutinize the medical records and events surrounding your child’s birth to determine whether his or her birth injury resulted from medical malpractice. Success in a birth injury lawsuit rests on the ability to show that the medical provider’s actions fell below a reasonable standard of care. Mike Stephenson, a partner with the Indianapolis firm McNeely Stephenson, is a skilled and caring personal injury lawyer who has been successfully litigating personal injury and medical malpractice cases in Indiana since 1982. He has the experience necessary to seek justice from the medical establishment and malpractice insurers. If you are worried about your child’s birth injury, hand the worry over to Mike Stephenson and let his firm’s resources back you up.

Call 855-206-2555 or use our online form. McNeely Stephenson. We believe justice matters.

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Mike Stephenson is a Super Lawyer in Indiana along with many of his peers at McNeely Stephenson. This is one of the highest honors an attorney can achieve


The AV Preeminent Rating from Martindale Hubbell is the HIGHEST RATING and considered a significant accomplishment. It is a peer-reviewed process reflecting that other attorneys rank Mike Stephenson at the highest possible level of professional excellence.


Attorney Mike Stephenson is a proud member of The Litigation Counsel of America’s Honorary Society. A close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the “best trial lawyers” in the country. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service; an invitation-only collegial network.


The American Board of Trial Advocates is an invitation-only organization for attorneys of “high personal character and honorable reputation.” ABOTA works for the preservation of the civil jury trial, “Justice by the People,” and supports the right of a jury trial.


The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers. Membership is extended only to the select few of the most qualified attorneys. Indiana attorney Mike Stephenson is proud to be included in this national organization of top trial lawyers.


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