Delaware Jury Awards $3 Million in Erb's Palsy Birth Injury Case

 A Superior Court jury in Delaware issued a $3 million verdict against an obstetrician who was accused of forcefully pulling a baby put by his head during delivery causing the newborn’s right arm to be paralyzed. According to a USA Today news report, the lawsuit filed in 2014 in New Castle County Superior Court alleged that the doctor pulled too hard on the baby’s head and neck when he was attempting to dislodge a stuck shoulder during delivery. This resulted in Erb’s palsy, a brachial plexus injury, with permanent nerve damage to the baby’s right shoulder, according to the lawsuit.

Living with Erb’s Palsy
Court documents stated that the boy was healthy except for his right arm, which fell limp at his side. Three months after birth, a pediatric neurologist diagnosed the child with permanent nerve damage in the shoulder. Of the shoulder’s network of five nerves, two were ripped in half and the other three were overstretched to the point of not functioning.
While two surgeries helped improve his arm mobility, the lawsuit says he still has trouble with everyday functions such as zipping his pants. He cannot ride a bike, touch his stomach with his right arm or bring it behind his head, which limits his competitiveness in his favorite sport of soccer.
Understanding Brachial Plexus Injuries
The brachial plexus is a complex network of nerves between the neck and the shoulders, which control muscle function in the chest, shoulder, arms and hands, as well as sensation or feeling in the upper limbs. Brachial plexus birth palsy or Erb’s palsy is an injury to the brachial plexus nerves. During a difficult birth, these nerves may stretch, compress or tear causing loss of muscle function or even paralysis of the upper arm.
Erb’s palsy usually ranges in severity depending on how the injury occurred. The consequences of Erb’s palsy may be long-term or even permanent. The child may suffer full or partial paralysis in the affected arm. The infant may lose sensation or motor function in the arm that has been affected. The child may suffer decreased grip and arm numbness and the affected arm may be bent toward the body or hang limp. Treatment options for Erb’s palsy may range from medications and surgery to physical therapy and massage.
The Role of Medical Negligence
As birth injury attorneys, we’ve seen that one of the most common causes of Erb’s palsy or brachial plexus injuries during birth is excessive stretching and force during labor and delivery. In many of these instances, birth assistance tools such as forceps or vacuum extractor are used. And, often, in most of these cases, an experienced obstetrician can or should be able to anticipate these issues. For example there are a few situations in which a vaginal delivery may become complicated and they are as follows:
• When the baby is in a breech or feet-first position instead of head-first.
• When the infant is larger than average, which is generally over 8 pounds and 13 ounces.
• If the mother has diabetes or is obese. Infants that are born to diabetic or obese mothers have a greater risk for complications including respiratory distress, growth abnormalities and congenital malformations.
• When baby gets lodged in the mother’s pelvic area.
When such complications occur, care providers need to remain vigilant and make attempts to strengthen contractions or speed up labor by artificial means. If the baby is in distress, an emergency C-section is often required.
If your child suffered a brachial plexus injury because your doctor failed to anticipate reasonable risks or complications, or because your doctor performed dangerous actions during delivery such as using excessive force, you may be able to seek compensation by filing a medical malpractice lawsuit against the doctor and/or the hospital.
You may be able to seek compensation for damages including, but not limited to, past and future medical expenses, cost of therapy and rehabilitation, lost income including loss of future income and livelihood, permanent injuries, disabilities, past and future pain and suffering, etc.
Experienced Birth Injury Lawyers
If your child has suffered Erb’s palsy or some other type of birth injury, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. We secured a $2,850,000 verdict for one of our Erb’s palsy clients that was reduced by the appeals court to $1,850,000 because the verdict was so large. This was the highest amount upheld by the appellate courts for many, many years. In addition we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head.
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 York, 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: https://www.usatoday.com/story/news/nation-now/2017/09/28/obstetrician-3-million-lawsuit-award/714244001/