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Nationally Recognized Birth Injury Attorneys

San Francisco Brachial Plexus Injury Attorney

Call (888) 831-8448 For a FREE Consultation of Your California Birth Injury Case!

Bostwick & Peterson, LLP has earned a reputation as one of the nation’s leading medical malpractice/birth injury law firms. Led by two of the nation’s most acclaimed civil trial lawyers – James Bostwick and Erik Peterson – our firm has helped families across San Francisco, the state of California, and the U.S. prevail in complex claims against negligent health care providers who failed to meet their duty of care.

If your child was born with a brachial plexus injury or palsy as a result of what you believe was medical negligence, you may have the right to take legal action. Bostwick & Peterson can help you determine if you have a valid claim, and assist you in navigating the civil injury lawsuit process step by step.

Why Choose Our Birth Injury Attorneys?

  • James S. Bostwick is a Certified Medical Malpractice Specialist
  • We’ve Secured Record-Setting Results in Malpractice Cases Across the U.S.
  • Our Attorneys Have a Focus on Catastrophic, Complex Malpractice Cases
  • We’re Passionate Advocates Who Prioritize Personal Attention

Brachial Plexus & Medical Malpractice

Brachial plexus injuries may be some of the more common birth injuries, but they can be painful, costly, and catastrophic injuries which pose lifelong problems for children and their families.

Because brachial plexus injuries are often caused by medical negligence and the careless mistakes of medical professionals facilitating labor and delivery, victims should explore the potential for a civil personal injury claim to hold at-fault parties accountable and secure compensation for their damages, including:

  • Medical expenses associated with surgery, therapy, and other treatment;
  • A child’s physical pain and suffering;
  • Families’ mental anguish and emotional injuries;
  • Lost income / lost future earnings;
  • Future projected medical expenses (i.e. treatment, devices, accommodations, living care, etc.).

Types of Brachial Plexus Injuries

The brachial plexus is a network of fibers which run through the spine into the upper torso and limbs, including the neck, shoulder, arms, and armpits. In the context of birthing, injury to the brachial plexus commonly results from stressful and difficult deliveries – especially those where improper or overly forceful pulling forces are applied to an infant.

There are several different types of brachial plexus injuries and related conditions, including:

  • Erb’s Palsy (affecting the upper arm)
  • Klumpke’s Palsy (affecting the lower arm, wrist, and hand)
  • Shoulder Dystocia
  • Upper / Lower Plexus Lesions

Depending on the nature of the damage, and the site and severity of injury, injury to the brachial plexus nerves can result in various prognoses. While brachial plexus injuries may generally pose risks of pain and impairment, there are situations where babies born with these injuries are able to regain most if not all arm function with appropriate therapy – usually in cases involving neuropraxia, where nerves are compressed or stretched but not torn.

In other cases, especially those where nerves are torn or ruptured, surgical interventions and more serious treatment may be needed. Where there are severe neuromas or ruptures, the risks for Erb’s or Klumpke’s palsy and permanent impairment/paralysis of the arm or shoulder increase.

Is Medical Negligence to Blame?

There is considerable medical literature and evidence to suggest that a large number of brachial plexus injuries occur due to the negligence of medical professionals. Examples of negligence that may lead to these injuries and warrant a birth injury claim include:

  • Failure to identify / appropriately respond to potential risk factors (i.e. larger fetus, improper position of fetus, gestational diabetes, maternal obesity, etc.);
  • Failure to perform a C-section, especially in difficult labor / delivery, breech delivery, etc.;
  • Excessive or improperly pulling a baby during the delivery, particularly when shoulders become stuck behind the mother’s pelvic bone;
  • Improper use of labor-inducing drugs (i.e. Pitocin);
  • Improper use of medical instruments (i.e. vacuum-extraction tools, forceps).

Medical malpractice is a complex field of law, even for legal and medical professionals. Because they are also highly fact-specific, it is important that families with potential claims seek the counsel of attorneys who have experience in this practice area, and the resources to conduct the necessary investigations, collaborate with medical experts, and build the strongest possible claim.

Bostwick & Peterson: A Legacy of Record Malpractice Results

Bostwick & Peterson has secured record results in complex medical malpractice and birth injury claims in a number of states across the country – a testament to the expertise of our Partners, and their unwavering dedication to clients in need. If you would like to discuss a potential claim regarding a brachial plexus injury in San Francisco or anywhere in California or the U.S., contact us.

  • Super Lawyers
    Super Lawyers
  • AV Preeminent
    AV Preeminent
  • Inner Circle of Advocates
    Inner Circle of Advocates
  • Multi-Million Dollar Advocates
    Multi-Million Dollar Advocates
  • American Board of Trial Advocates
    American Board of Trial Advocates
  • The National Trial Lawyers
    The National Trial Lawyers
  • Best Law Firms 2021
    Best Law Firms 2021

Reviews From Our Clients

  • “Erik and his staffs were professional, well experienced, honest, knowledgeable and supportive.”

    Avvo Reviewer

  • “Mr. Peterson and his team displayed the utmost professionalism guiding me through this very emotional process.”


  • “Erik was empathetic, professional, and realistic. He's a consummate professional and an excellent negotiator.”

    Avvo Reviewer

What Sets Bostwick & Peterson, LLP Apart?

  • Over $750 Million Recovered for Our Clients
  • Record-Setting Birth Injury Verdicts & Settlements in Four States
  • We Have Received the Trial Lawyers "Presidential Award of Merit"
  • We Have Been Included in the List of "Best Lawyers in America" by U.S. News - Best Lawyers®
  • Attorney James Bostwick Is a Certified Specialist by the American Board of Professional Liability
  • We Are Members of the Inner Circle of Advocates, Which Is the Nation’s Top 100 Plaintiff Lawyers