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My grandson was injured at birth and now due to the doctor's error, has Brachial Plexus/Erb' Palsy . Can he get SSI?

San Antonio, TX |

My grandson was injured at birth and has Brachial Plexus/Erb's palsy. This injury affected his left arm, wrist, hand and fingers. He had surgery to restore some movement to his arm and he can now move it but is unable to straighten it or lift it above his head and it is about 4 inches shorter than his right. He cannot move his wrist or fingers which severely limit his ability to perform everyday tasks like tying his shoes,zippering or pulling up his pants, bathing himself, buttoning his shirts and he tends to lose his balance due to his left shoulder being lower than his right. His SSI application was rejected because the judge said his injury was not severe enough. Can we reapply and how severe must his injury be in order to qualify?

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Attorney answers 4

Posted

When and where did it happen? Your grandson may have a medical malpractice claim.

Asker

Posted

In San Antonio at the Metropolitan Hospital almost 6 years ago.

Daniel David Horowitz III

Daniel David Horowitz III

Posted

You should contact medical malpractice attorney ASAP. Sincerely, Daniel D. Horowitz, III* Partner Abraham, Watkins, Nichols, Sorrels, Agosto & Friend 800 Commerce Street Houston, Texas 77002 713-222-7211 Phone 713-225-0827 Fax 1-800-870-9584 Toll Free 832-483-3060 Cell dhorowitz@abrahamwatkins.com<mailto:dhorowitz@abrahamwatkins.com> www.abrahamwatkins.com<http://www.abrahamwatkins.com> *Board Certified in Personal Injury Trial Law by Texas Board of Legal Specialization

Posted

I'm sorry to hear about your grandson. The injury you described sounds like a severe erb's palsy. Also, keep in mind that a brachial plexus injury is a marker for a traumatic delivery. Hopefully, there will be no other problems but you should keep a close watch on his development. You may also want to contact a medical malpractice lawyer in your area. There has been a recent legal decision here in New York which may be of interest to you which discusses an erb's palsy lawsuit and some of the common legal issues involved in this type of medical malpractice case. http://www.atdlaw.com/2012/03/28/defendants-junk-science-argument-thrown-out-by-new-york-court-in-erbs-palsy-case/

Good luck.

New York Patient Safety & Medical Malpractice Attorney. Our top verdicts involve representing patients & their families who have been injured by medical negligence including wrongful death, brain damage, birth injuries, and failure to diagnose cancer cases. http://www.atdlaw.com

Posted

Your grandson has a potentially extremely large medical malpractice claim against the hospital. Retain a birth injury lawyer to pursue a claim. You may read about birth injury lawsuits on my website. Good luck to you.

The answer does not create an attorney/client relationship and is for informational purposes only.

Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
215-510-6755
http://www.InjuryLawyerPhiladelphia.com

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

Need to know the state this happened to give you any meaningful advice about benefits or whether your grandson has a claim.

This voluntary informative response does not create an attorney-client relationship and does not obligate me or my firm to investigate any issue raised.

Asker

Posted

Thank you for your response and I'm sorry I didn't mention the state we live in, I assumed it would show when I posted my question. We live in San Antonio,Texas and my grandson, Matthew, will be 6 years old in August.

Bryson Cloon

Bryson Cloon

Posted

You should contact the Texas Trial Lawyers Assn and ask for a medical malpractice attorney in your area. They will consult with you for free and should be able to give you proper advice. Good Luck. Bryson R. Cloon Cloon Law Firm One Hallbrook Place 11150 Overbrook Road Suite 350 Leawood, KS 66211 913.661.9600 913.661.9614 (fax) <http://www.martindale.com/Cloon-Law-Firm/law-firm-1899644-peer-review-ratin gs.htm> Peer Review Ratings for Cloon Law Firm The information contained may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of the Cloon Law Firm. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Disclaimer: This message (and any attachment(s)) is confidential and is intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient, Cloon Law Firm did not intend to waive, and Cloon Law Firm does not waive any legal privilege or the confidentiality of the message. If you receive this message in error, plese notify me immediately by return e-mail and delete this message from your computer and network without saving it in any manner. The unauthorized use, dissemination, distribution, or reproduction of this message, including attachments, is prohibited and may be unlawful.