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$1,750,000 Winning Verdict in Obstetrical Brachial Plexus

The pre-natal course was uneventful for the mom and baby. The mom was brought in for induction because of the pregnancy induced hypertension and suspected large baby. She was completely dilated at 23:00 hours and began pushing.  She had adequate pushing with downward descent of the head.  After about an hour of pushing she was noted to be tiring. A Vacuum was placed on the fetal head.  There is no indication in the medical records that doctor informed the patient of the risk of the use of a vacuum in

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$800,000 Settlement in Brachial Plexus Case

Type of Action: Medical Malpractice Injuries alleged: Brachial plexus injury According to the medical records, the pregnancy was uneventful.  During the course of her pregnancy the mom gained approximately 30 pounds.  As the pregnancy progressed, she was tested for gestational diabetes on three occasions.  Mom was told that she was a borderline diabetic, but she was never placed on a diabetic diet.  A late term ultrasound was performed to determine as estimated fetal size. At term, induction was recommended.  The operative report states that the defendant observed that there was

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$2,200,000.00 VERDICT IN BRACHIAL PLEXUS CASE

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mom presented for pre-natal care with a pre-pregnancy weight of 216 pounds and a strong family history of diabetes mellitus. The mother’s father, uncle and maternal grandfather all had diabetes. During the pregnancy the mother showed high numbers on her glucose tolerance testing. Despite an abnormal glucose screen by the 28-week testing, and a strong family history of diabetes, no further glucose testing, accu-check blood sugar monitoring, diet or diabetes counseling was provided. Further, no late

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$1,600,000.00 VERDICT IN BRACHIAL PLEXUS CASE

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mothers prenatal care included a one-hour GTT which was abnormal, and she was diagnosed with gestational diabetes. Her pregravid weight was approximately 280 pounds. The mother inquired about her mode of delivery and was informed about indications, risks and benefits of induction, vaginal delivery, the possibility of shoulder dystocia. Despite that the mother was not offered a cesarean section nor did she ever decline a cesarean section to avoid shoulder dystocia. Had the mother been offered

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$1,500,000.00 SETTLEMENT IN BRACHIAL PLEXUS CASE

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mother had all of her pre-natal appointments with the Defendant doctor. Her prenatal care was complicated by obesity and excessive weight gain. At the time the mother went into labor she was 39 4/78 weeks’ gestation and had gained 81 pounds during the pregnancy. The only estimated fetal weight before delivery was performed by ultrasound at 26 weeks with an EFW of 3700 grams. On admission the baby had an estimated fetal weight of 3800. The

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Brachial Plexus Injury: What you Need to Know

In approximately one to three out of a thousand births, a baby suffers a brachial plexus injury. These injuries can result in monetary loss and lifelong difficulties for both children and their caregivers. As a caregiver, it can be terrifying to think something has harmed your child. Know how to recognize the signs of brachial plexus injury. Know how it can be caused. Know how and when to seek legal recourse. What is a brachial plexus injury? A brachial plexus injury impacts the radian, medial, and ulnar nerves. These nerves,

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Cerebral Palsy Due To Birth Injury

Cerebral Palsy (CP) is a permanent disability arising from abnormal development of the brain, or damage to the developing brain before, during, or following birth. The word cerebral refers to “of the brain,” and palsy means paralysis.  It is one of the most debilitating congenital disabilities, offering no cure and a significant impact on the lives of those affected. CP related to brain damage that occurred before or during birth makes up a majority of CP cases (85%–90%).  In many cases, the specific cause is unknown and unavoidable, but a

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Medical Malpractice Claims in Massachusetts – Statue of Limitations

Medical malpractice is when a healthcare professional causes injury or death to a patient. Each state has a statute of limitations for filing a medical malpractice lawsuit. If you want to file such a lawsuit in Massachusetts, then there are four important time limitations you must know. 1. Three-Year Deadline Massachusetts General Law Chapter 260, Section 4 states a victim of medical malpractice must file a lawsuit within three-years of the incident. In most cases, failing to file within the deadline means you lose the right to sue the healthcare

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$1.8 Million Jury Verdict in a Brachial Plexus Case

We argued that the doctor pulled too hard on the baby’s head and neck in the presence of shoulder dystocia. The father was at the bedside and saw the doctor pulling on the baby’s head. The defense argued that the baby was hurt coming down the birth canal by the mothers pushing and contractions which the jury did not accept. We used several nationally recognized experts in the area of obstetrics, pediatric neurology and neurosurgery. It was their opinion that the baby was injured due to the doctors use of

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$1,200,000.00 SETTLEMENT IN BRACHIAL PLEXUS CASE

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The doctor fell below the standard of care during delivery when he failed to appropriately utilize shoulder dystocia release techniques and positioning and, as such, applied inappropriate and/or excessive lateral traction prior to resolution of a shoulder dystocia causing permanent injury. During delivery, the defendant applied excessive traction and movement of the head in a lateral manner which resulted in a permanent brachial plexus injury for the child. Also, in the medical records the doctor noted that

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$1,000,000.00 SETTLEMENT IN BRACHIAL PLEXUS CASE

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mother was a thirty-two-year-old, gravida III, para II who presented to labor and delivery in active labor. The pre-natal record for the delivery of  the baby indicates an ultrasound was done with an estimated fetal weight at the time of 4039 grams +/-609 grams also listed on the pre-natal record as 9+/- lbs. The fetal age by ultrasound was listed as 20 weeks 6 days. The delivering doctor did recognize the turtle sign, and indication of

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United Brachial Plexus Network

The United Brachial Plexus Network is a non-profit organization that strives to inform, support, and unite families and those concerned with brachial plexus injuries, its treatment and prevention worldwide. Visit website.

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Birth Injury Organization

BirthInjury.Org is a tax-exempt, not-for-profit organization providing support for those whose lives are touched by brachial plexus injury, whether it’s your own life or the life of a loved one. Here you will find what we believe is the most up to date and complete information on the Web about birth injuries—what they are, how they happen, how they’re treated, how they might be prevented, government services that might be available.  Visit website.

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Shoulder Dystocia Injuries: Know Your Rights and Options

Shoulder Dystocia is a complication that can present itself in the delivery room. If shoulder dystocia occurs during delivery, there are a number of maneuvers that can and should be used in order to deliver the baby without injury. In the absence of a proper response by the obstetrician or nurse midwife to relieve the shoulder dystocia, it is well known that injury to the newborn can result. These injuries include injury to the baby’s brachial plexus or the bundle of nerves leading from the spinal cord through the shoulders

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VERDICT IN OBSTETRICAL BRACHIAL PLEXUS CASE IS $1,750,000.00

BIRTH INJURY – The child underwent a left brachial plexus exploration, external neurolysis of the upper trunk, nerve harvesting and nerve grafts. The child has a permanent brachial plexus injury. The pre-natal course was uneventful for the mom and baby. The mom was brought in for induction because of the pregnancy induced hypertension and suspected large baby. She was completely dilated at 2300 hours and began pushing. She had adequate pushing with downward descent of the head.  After about an hour of pushing she was noted to be tiring. A

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$950,000.00 VERDICT IN BRACHIAL PLEXUS CASE Medical Malpractice Trial Report* (as reported in Massachusetts Lawyers Weekly)

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. Due to an estimated fetal weight of 8 – 9 pounds an induction of labor was ordered and initiated. On the second day of induction, the mother progressed to complete dilation/complete effacement. The fetal heart rate was normal and reassuring throughout labor. The patient pushed for 2 hours and brought the fetal head to plus 2/3 station. The caput was noted to be at plus 3 station and the first trial of vacuum assisted delivery was performed.

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$1,375,000.00 VERDICT IN BRACHIAL PLEXUS CASE Medical Malpractice Trial Report* (as reported in Massachusetts Lawyers Weekly)

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mother was admitted to the Beth Israel Deaconess Hospital for pitocin induction of labor for labile hypertension with complaints of headache. Estimated fetal weight by clinical exam was 8 pounds. She was admitted at 19:55 with a cervical exam of 4cm dilation/80 percent effaced and minus 2 station. Her pregnancy blood sugar control evaluated with hemoglobin Ale of 9/9/03 of 5.8. She had an epidural for pain management. An insulin drip was initiated for blood sugar

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SETTLEMENT IN BRAIN DAMAGED INFANT/BRACHIAL PLEXUS CASE IS $2,000,000.00

BIRTH INJURY Medical Malpractice Lawsuit: Failure to Appreciate Fetal Distress and Excessive Traction Results in Brain Damage, Cerebral Palsy and Permanent Brachial Plexus Injury. On her first pre – natal visit Mom reported that one of her sister’s was a gestational diabetic and her other sister was an insulin dependent diabetic. At the next pre – natal appointment Mom weighed 143 pounds and was reported to be 5 feet tall. During the course of the pregnancy, Mom gained 50 pounds, had abnormal glucose tests and had fundal heights that were

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SETTLEMENT IN BRAIN DAMAGED INFANT/BRACHIAL PLEXUS CASE IS $1,700,000.00

BIRTH INJURY Medical Malpractice Lawsuit: Failure to Appreciate Fetal Distress and Excessive Traction Results in Brain Damage, Cerebral Palsy and Permanent Brachial Plexus Injury. The Mom’s first baby, a daughter, was born with a weight of 8 pounds 4 ounces with vacuum assistance and forceps. For that delivery, Mom was induced at 41+ weeks for recorded fetal macrosomia. The first delivery was performed with low forceps and a 4 th degree episiotomy. For the delivery of her next child Mom had labor induced. During the labor and delivery there were

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VERDICT IN BRACHIAL PLEXUS CASE IS $2,400,000.00

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. Mom was admitted to the hospital at 5:47 a.m. under the care of a nurse midwife . At 6:16 a.m., she was fully dilated, +2 station. She was noted to be having strong contractions and very active pushing. The baby progressed to crowing, with audible FHR at 120 to 140. Delivery of head was accomplished at 6:29 a.m. and shoulder dystocia was determined. The baby was suctioned and initially no cord was palpated. Nurse Wright attempted to

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