Case Results

$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, Details

$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 Details

$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 Details

$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 Details

$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 Details

$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 greater than Details

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 Vacuum was placed on the fetal head.  There is no Details

$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. No indication for vacuum assisted delivery was noted in the Details

$750,000 Settlement in WRONGFUL DEATH CASE Medical Malpractice Trial Report

FAILURE TO RESPOND TO HEART MONITOR RESULTS IN BRAIN DAMAGE AND DEATH. This is a case involves a 77 year old woman female patient who suffered an anoxic brain injury as a result of the failure of the nurse responsible for her care to run a strip at the beginning of her shift to determine whether or not the heart monitor was appropriately set, including alarm volumes, batteries and medial parameters, and for failing to respond to a medical emergency that resulted in an anoxic brain injury and death. As a result of the failure of the alarm to sound Details

$1,000,000.00 Settlement in WRONGFUL DEATH CASE Medical Malpractice Trial Report

FAILURE TO PERFORM TESTS RESULTS IN WRONGFUL DEATH. 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 Details