Defense Theory Commonly Used in Erbs Palsy Birth Injury Cases Under Attack

A trial judge in a medical malpractice case has struck down the “maternal forces of labor” theory that has been used consistently to explain birth injuries and defend doctors against malpractice claims. According to an article in the New York Law Journal, the judge did so two years after an upstate appellate panel discarded the premise in a case and found scientifically invalid the theory that the natural process of birthing can cause serious injuries to a newborn’s shoulder area. In a recent case, the judge stated that there was a lack of proof connecting the “maternal forces theory” to the actual injury sustained by the plaintiff in the case, Eduardo Nobre Jr.

The family of Eduardo Nobre Jr. who was born Sept. 3, 2006 at St. Anthony Community Hospital in Warwick alleged that he suffered shoulder dystocia, which occurs when the baby’s shoulder gets stuck in the birth canal during the final passage of the delivery. The lawsuit alleges that the doctor exerted too much force in attempting to free the baby, causing permanent injuries. In another Steuben County Erb’s Palsy case, the judge precluded defendants from introducing the maternal forces of labor defense.
The Impact on Erb’s Palsy Cases
All three cases should prove significant when evaluating the outcome of future birth injury cases such as Erb’s palsy, Brachial Plexus and shoulder dystocia. For 20 years, defense attorneys in birth injury cases have often successfully utilized the maternal forces of labor defense to fight lawsuits alleging medical negligence.
Erb’s Palsy occurs when a newborn suffers an injury to the brachial plexus, a nerve network in the neck and shoulder that controls movements and sensation in the shoulder, arm, wrist and hand. Under the defense theory, those injuries are caused by the natural forces exerted during labor and not (as alleged) by excessive force used by the doctor in trying to dislodge the baby’s shoulder from the maternal pubic symphisis, the joint that connects the two halves of the pelvis.
Together, these three decisions suggest that the maternal forces theory may no longer be an effective defense strategy. While it is difficult to tell what type of an impact it will have on future Erb’s Palsy cases, it is now evident that the theory can be successfully countered. It is highly likely that the appellate court will have the last word on this issue.
Compensation for Victims of Birth Injuries
If you or a loved one has been injured in New York as a result of medical negligence, the experienced NY Personal Injury Attorneys at the Law Offices of Kenneth A. Wilhelm can provide you with more information about pursuing your legal rights. Our law firm obtained a $1,846,000 verdict in an Erb’s Palsy case, which remained the highest paid Erb’s Palsy case for a long time. One of our clients also recovered $1,400,000 in another Erb’s Palsy case.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: New York Law Journal