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Indiana Personal Injury Attorneys Blog
Indiana Personal Injury Lawyer Blog

Brachial Plexus Injuries -- Excessive Force Used During Delivery

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Delivering a baby can be a physically difficult and traumatic experience, both for mother and newborn. Most women choose to deliver their babies in hospitals, due to the availability of drugs, medical equipment, and emergency care should something go wrong. When a woman delivers in a hospital, she rightfully expects that the physicians and hospital staff assisting in the delivery do their jobs in a way as to not injure either the woman herself or her newborn.

A common type of injury is when a newborn suffers a brachial plexus injury, which can result in serious complications. Under Indiana law, medical professionals owe their patients a duty of care to protect them from avoidable injury and to conduct themselves with the standards expected of the profession. If you or a loved one has been injured in a delivery accident, you may be able to bring an action under Indiana’s medical malpractice statute. In order to determine whether you have a claim, you should consult with an experienced Indiana birth injury attorney as soon as possible.

There are many ways a newborn could be injured during delivery, ranging from natural complications such as a prolapsed umbilical cord to human error, such as the improper use of forceps. Of particular concern is when a newborn suffers a brachial plexus injury during the delivery process. The brachial plexus is a network of nerves that start near the neck and shoulder, and are responsible for the functioning of the upper limbs. When brachial plexus injuries occur during birth it can cause a number of complications, such as:

  • Partial paralysis
  • Erb’s palsy
  • Weakness in the arm
  • Numbness in the affected limb

There are many things that may cause a brachial plexus injury during labor. One common cause is when the baby becomes stuck during delivery and a medical professional applies too much pressure with forceps while trying to dislodge the baby. The injuries to the brachial plexus can range from minor injury that resolves on its own to more serious problems that may require invasive procedures to correct. In addition, these injuries may cause permanent disability that may reduce a person’s quality of life, ability to earn a living, require ongoing medical treatment, and additional medical expense.

One specific condition that is known to result in brachial plexus injury is that of shoulder dystocia, which occurs when a newborn’s shoulder becomes stuck below the mother’s pubic symphysis. This condition is considered an obstetric emergency, and often requires significant manipulation of the baby to correct. When a physician or other delivery professional applies too much force, a brachial plexus injury may occur.

If your child suffered a brachial plexus injury during delivery you may have grounds to recover through a Indiana medical malpractice lawsuit. In order to recover, you need to be able to show that the physician or other medical professional assisting in your delivery was negligent, and that negligence caused the injury. Because of the specialized medical issues that arise in such cases, it is important to retain the services of an Indianapolis personal injury attorney that is experienced in handling birth injury cases.

Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.

Your Legal Team

Your Legal Team


Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

Proven Results


$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

Real Client Testimonials


"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."

Satisfied Wruck Paupore Client

William H.

"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"

Satisfied Wruck Paupore Client

Dana L.

"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."

Satisfied Wruck Paupore Client

Edithe P.

"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."

Satisfied Wruck Paupore Client

Lisa L.

"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."

Satisfied Wruck Paupore Client

Trisha L.

"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."

Satisfied Wruck Paupore Client

Idell J.

"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."

Satisfied Wruck Paupore Client

Rhonda M.

"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"

Satisfied Wruck Paupore Client

James M.

"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."

Satisfied Wruck Paupore Client

James H.

"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."

Satisfied Wruck Paupore Client

Jay Zoellner

"A great experience from beginning to settlement."

Satisfied Wruck Paupore Client

William R.

"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."

Satisfied Wruck Paupore Client

Chris V.

"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."

Satisfied Wruck Paupore Client

Wayne M.

"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."

Satisfied Wruck Paupore Client

J B

"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"

Satisfied Wruck Paupore Client

Kayla D.

"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."

Satisfied Wruck Paupore Client

Pat D.