$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 a significant amount of room in the maternal pelvis. He also stated that the infant’s position in the pelvis was confirmed to be “away” without further explanation. A median episiotomy was cut, and vacuum extraction was applied.  After more pushing and “gentle pressure” the infant’s head was at a +2 station.  At this time open Simpson forceps were applied resulting in the delivery of the infant’s head.  At this time shoulder dystocia was encountered.  The operative report then indicates that the shoulder dystocia “was relieved with extension of the second-degree episiotomy to a fourth-degree laceration.” The child was delivered at 11:30 p.m. weighing 9 pounds, 4 ounces.

The medical records indicate that the child suffered a brachial plexus injury and that the shoulder dysfunction and erbs palsy still remain.

The plaintiffs’ alleged that the defendant failure to consider cephalo-pelvic disproportion. Failed to understand the risk of cephalo-pelvic disproportion and the complication of shoulder dystocia in light of the disparity of the fundal height and estimated gestational age and the estimated weight of the fetus. Failed to offer a planned cesarean section. Failed to perform a late term ultrasound to determine fetal size and placed excessive traction on the head of the child during delivery.

The case settled prior to trial for the amount of Eight Hundred Thousand ($800,000.00) Dollars.

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Trial Experience And PROVEN RESULTS

Ken Levine is a valuable resource and trusted birth injury legal advisor.

Kenneth M. Levine is a retired attorney and an experienced legal consultant who advises trial attorneys nationwide in complex obstetrical brachial plexus birth injury cases.

If you are an attorney preparing for a obstetrical brachial plexus trial, I encourage you to speak with me to see if I may be able to help achieve a successful result for the child and family you’re fighting for. – Ken Levine