Kenneth M. Levine Consulting

$4,000,000 Verdict in brachial plexus case Suffolk County, Massachusetts

Due to the estimated fetal weight and age of the mother a plan was made for induction. Upon being admitted for induction at 8:20 the mother was examined by the defendant doctor who noted contractions at 2-3 minutes. Also, that the mother was uncomfortable with the contractions. The defendant ordered an epidural for pain control. The fetal heart rate tracing was noted to be reassuring at that time. At 10:00 the resident evaluated Ms. Rivera’s progress and noted in the medical record that she seemed comfortable with the epidural. At

$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

$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

$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

$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

$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

$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

$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

$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

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

$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.

$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

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

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

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

$1,000.000 SETTLEMENT IN BRACHIAL PLEXUS CASE

BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The Plaintiff was an 18 year old with a twin gestation pregnancy. A urine culture was reported as positive for ecoli bacteria. During the visit a seven – day prescription of amoxicillin was ordered. The following day the Plaintiff presented for a scheduled ultrasound. The ultrasound technician noted the Plaintiff was nauseous and vomiting all day, and that she vomited two basins of green fluid while in the ultrasound room. In addition the Plaintiff was febrile to

SETTLEMENT IN BRAIN DAMAGED INFANT/BRACHIAL PLEXUS CASE IS $1,500,000.00

BIRTH INJURY Medical Malpractice Lawsuit: Failure to Appreciate Fetal Distress Results in Brain Damage and Cerebral Palsy. This was the first pregnancy for the 28 – year – old Mom. The pregnancy was eventful for the following conditions: maternal obesity; maternal smoking; pruritis; excessive weight gain; urinary tract infection, reflux, macrosomia, induction for macrosomia. The pregnancy was well dated by clinical and ultrasound dating. At 40 weeks an ultrasound was performed and showed a fetal weight of 4090 grams. An induction was then planned on the basis on fetal macrosomia.

$600,000 VERDICT IN BRACHIAL PLEXUS CASE

BIRTH INJURY Medical Malpractice Lawsuit: Failure to Perform Caesarian Section and Excessive Traction Results in Permanent Brachial Plexus Injury. At her first pre – natal visit the M om’s medical history was significant for PIH, glysuria during previous pregnancy with macrosomic infant who weighed 4,530 grams at 39 weeks. Upon admission for delivery fetal macrosomia was noted with an estimated fetal weight of 10 to 11 pounds. The Mo m’s total weight gain was 57 pounds. Prior history of macrosomic infant was noted. The plan was to continue expectant management

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