Brachial Plexus Injury Lawyer in San Francisco

California’s Birth Injury Record-Holders. Fighting for Your Family.

The brachial plexus is a network of nerves running from the spinal cord through the shoulder to the arm and hand, controlling movement and sensation in the upper limb. When those nerves are damaged during delivery, a newborn can lose movement, sensation, or both on one side of the body. Brachial plexus injury affects roughly 1 to 3 out of every 1,000 births, and in many of those cases, a preventable delivery-room decision can be at the root of the harm.

Bostwick & Associates is a San Francisco personal injury and medical malpractice firm that has spent more than 40 years pursuing these claims for California families. Led by attorney James Bostwick, we’ve recovered more than $1 billion in verdicts and settlements and have twice broken California’s record for the largest medical malpractice settlement since January 2018.

If your child was diagnosed with a brachial plexus injury or Erb’s palsy, call (888) 831-8448 for a free consultation. We work on contingency, so you pay no attorney fees unless we win.

Our Record in California Birth Injury Cases

Families evaluating a potential malpractice claim deserve to know who they’re trusting with it. Our results in California birth injury litigation include a $17 million settlement for a brain-injured baby, the largest California medical malpractice settlement of 2019, and a $21 million verdict representing the largest California non-punitive verdict for a single individual. These aren’t outliers. They reflect how we approach our cases.

James Bostwick holds board certification as a Board Certified Medical Malpractice Specialist by the American Board of Professional Liability Attorneys, a credential held by very few attorneys in the country. Our team has taken more than 80 jury trials to verdict, and we maintain relationships with leading medical professionals and investigators who can evaluate delivery records, identify departures from the standard of care, and build the clinical evidence your case requires. We offer free, no-obligation consultations and handle all litigation costs. You don’t pay attorney fees unless we win your case, which means a family dealing with a child’s injury can access legal representation without upfront financial risk.

When Does a Brachial Plexus Injury Involve Medical Negligence?

Not every brachial plexus birth injury involves negligence, but many do. The critical question is whether the medical team recognized warning signs and responded appropriately. When they didn’t, the injury may have been preventable.

Shoulder dystocia, a complication where the baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery, is the most common delivery-room cause. Applying excessive traction or pulling on the newborn’s head and neck to free a stuck shoulder can stretch or tear the brachial plexus nerves. Several risk factors can signal that a difficult delivery is likely before labor even begins: a larger-than-average baby, maternal diabetes, breech presentation, and a prolonged second stage of labor.

The following delivery-room decisions frequently appear in these cases:

• Improper use of forceps or vacuum extraction that places excessive force on the baby’s head and neck
• Failure to recognize shoulder dystocia and apply established obstetric maneuvers to safely free the shoulder
• Delayed decision to perform a cesarean section when documented risk factors were present before or during labor

With proper medical management, brachial plexus injuries are uncommon. When one occurs after warning signs were present and documented, there are legitimate questions about whether the standard of care was met.

Talk to Us. There’s No Cost to Get Answers.

California has firm deadlines for brachial plexus malpractice claims, and those deadlines can pass before a family realizes a claim exists. The sooner we can review your child’s delivery records, the better positioned we may be to evaluate what happened and whether a claim is viable.

Call Bostwick & Associates at (888) 831-8448 to schedule your free, no-obligation consultation today.