Case Results

  • $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 light of the patient’s obesity and suspected large for gestational ... Read more...
  • $1,000,000 Settlement in Wrongful Death Case Type of Action: Medical Malpractice Injuries alleged: wrongful death Settlement: $1,000,000.00 Following an auto accident on June 7, 1995 the deceased was admitted to a hospital under the care of an orthopedic surgeon for traumatic injuries. At the hospital she was also seen in consultation by the trauma service for evaluation of pelvis and abdomen. At the no time there were radiology reports that indicated concern about the integrity of the bowel contents and rectum. Subsequent visits by the trauma service physicians and orthopedic surgeon did not answer the radiology concerns. The deceased began to exhibit severe abdominal distention and pain. She subsequently developed ... Read more...
  • $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 ... Read more...
  • $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 ultrasound evaluations of the fetal estimated weight or health status were ... Read more...
  • $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 a cesarean section to avoid shoulder dystocia and fetal injury, she ... Read more...
  • $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 records indicate that Pediatrics was called to the room for decelerations and ... Read more...
  • $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 excessive lateral traction (pulling/bending) on the baby’s head and neck ... Read more...
  • $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 the mom’s first baby was delivered at 37 weeks and weight 8 ... Read more...
  • $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 shoulder dystocia. The delivery note states that following the recognition of shoulder dystocia ... Read more...
  • $4,000,000.00 SETTLEMENT IN BRAIN DAMAGED INFANT CASE BIRTH INJURY – Medical Malpractice Lawsuit Failure to Appreciate Fetal Distress Results in Brain Damage and Cerebral Palsy. Mom presented to the hospital with a diagnosis of pregnancy and labor approximately one week before her due date. Her obstetrical history included a vaginal delivery at 36 weeks in 2003 of a five pound, 8 ounce infant, with no complications. Risk assessment included history of gestational diabetes. Fetal heart tracings began at approximately 2:40 pm. Nursing notes indicate that Pitocin was started at 4:40 pm. The start of variable decelerations was around 7:24 pm. There was a pattern of ... Read more...