$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 in the presence of shoulder dystocia. The jury was out for more than ten hours over two days before returning the verdict. The child is now 14 years old and has substantial limitations in his use of the arm with the brachial plexus injury. The arm is shorter, smaller and weaker and he has some issues with his hand and wrist.

Categories: Case Results.