Most Common Birth Injury in Florida

Table of Contents

What Injury Tops the List? Fractured Clavicle Leads Incidence, Erb Palsy Drives Cost

Peer reviewed reviews put clavicle fracture at 0.2 to 4.5 percent of all births, making it the single most frequent birth trauma. The American Academy of Pediatrics adds that brachial plexus stretch occurs in roughly 0.5 to 2 per 1,000 live births, typically after shoulder dystocia. A fresh 2024 epidemiologic study confirms rates holding near 0.9 to 1.1 per 1,000 despite rising maternal weight. Parents must know both injuries often happen together; the collarbone may crack as nature’s “fuse,” but when nerves tear the lifelong bills begin, fueling seven figure verdicts across Florida courts.

Why Do These Injuries Happen and Could They Have Been Prevented?

Clavicle breaks and nerve stretches stem from the same mechanical trap: a large baby’s anterior shoulder snagging behind the pubic bone while a provider applies downward traction. Evidence shows prompt McRoberts positioning and suprapubic pressure free most shoulders without force. Cesarean delivery slashes brachial plexus risk across weight classes, offering a safer route when ultrasound predicts macrosomia. Percy Martinez subpoenas delivery room videos, shoulder dystocia drills, and EHR time stamps to prove whether protocols were skipped, a powerful lever in mediation.

First Signs Parents Notice and the Silent Clues on the Chart

A newborn who will not lift one arm or shows a lump over the collarbone likely has fracture or Erb palsy. Nerve injury presents as absent Moro reflex on the affected side, while X ray confirms fracture. Hospital charts should list Apgar scores, shoulder dystocia duration, and any traction maneuvers; missing data raise red flags. Percy’s neonatologists overlay these records onto growth curve screenshots to show jurors that risk factors: maternal diabetes, 4 kg fetus, delayed C section decision were all visible before the injury struck.

Florida Deadlines, NICA Hurdles, and Evidence That Expires Fast

Birth injury malpractice claims must start within two years of when the injury should have been discovered, with a hard cap at eight years for neurologic harm. Families must also navigate Florida’s Birth Related Neurological Injury Compensation Association (NICA), now under 2023 reforms, which pays care costs but bars lawsuits unless the doctor skipped NICA fees. Fetal monitor strips fade, and shoulder dystocia alert logs auto delete after 30 days, so Percy files preservation letters within hours statewide: Miami, Tampa, Orlando, and beyond to freeze data before defenses can “lose” it.

What Are Realistic Settlement Ranges for Florida Clavicle and Brachial Plexus Cases?

Minor clavicle fractures that heal without therapy often settle for $25,000 to $75,000, covering pain and short leave. When Erb palsy causes permanent weakness or requires nerve graft surgery, negotiated numbers jump to $500,000 to $1.5 million, with jury verdicts surpassing $10 million when lifelong occupational support or surgery fails. Percy’s economists use CDC wage tables, Florida therapy fees, and inflation guards to project lifetime loss, while lien resolution experts structure tax free payments under IRS §104, delivering “clean revenue” that passes audits and preserves Medicaid.

From Free Shoulder Dystocia Audit to Courtroom Power: Why Parents Choose Percy

Percy Martinez has spent three decades turning delivery room mistakes into secure futures, advancing all costs, speaking bilingual Spanish English, and winning 98 percent of cases before trial. Insurers know our animated brachial plexus diagrams and delivery timeline heat maps sway juries; hospitals know we spot chart edits even their IT staff miss. One call to (800) 382-3176 or a secure upload triggers a 24 hour neonatology review, an expert affidavit, and if needed, bedside evidence capture within 48 hours anywhere in Florida.

Ready for Answers? Book Your Free Birth Injury Audit Today

Click “Free Case Audit,” send your delivery records, and Percy’s team will secure monitor strips, shoulder dystocia drills, and nerve conduction studies before they vanish. Consultations cost nothing, we front every expense, and you owe zero unless we win, delivering transparent payouts and lifelong peace of mind for Florida families.