New York Medical Malpractice Attorneys

$1,600,000-Settlement for Birth Trauma - Shoulder Dystocia Erb's Palsy

F&F# 88346A

MEDICAL MALPRACTICE ATTORNEY - BIRTH INJURY - SHOULDER DYSTOCIA - ERB'S PALSY

Settlement: $1,600,000

Injuries:

• Mild to moderate Erb's palsy of the right brachial plexus
• Learning difficulties requiring special education classes

Facts:

The infant Pltf. was born on 10/24/80 at Jacobi Hospital. He was delivered by the chief resident. Pltf. claimed that Deft. failed to anticipate the occurrence of shoulder dystocia and that it failed o properly deliver the infant. Pltf. contended that the chief resident pulled and twisted the child's head for 5 minutes before he could be delivered. Pltf. also claimed that Deft.'s physician was negligent for manually rotating the head from left occiput anterior to occiput anterior without a plan for managing the shoulder dystocia. Pltf. argued that Deft. should have flexed the mother's legs against her abdomen, applied suprapubic pressure, attempted the Woods maneuver and then, if the child still could not be delivered, fracture the clavicle.

Deft. argued that the shoulder dystocia was unforeseeable and that its chief resident acted appropriately in an emergency situation.

Demonstrative evidence: enlargements of medical records, medical illustrations, and economist's charts; model of pelvis and baby.