$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
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$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
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$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
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United Brachial Plexus Network

The United Brachial Plexus Network is a non-profit organization that strives to inform, support, and unite families and those concerned with brachial plexus injuries, its treatment and prevention worldwide. Visit website.
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Birth Injury Organization

BirthInjury.Org is a tax-exempt, not-for-profit organization providing support for those whose lives are touched by brachial plexus injury, whether it’s your own life or the life of a loved one. Here you will find what we believe is the most up to date and complete information on the Web about birth injuries—what they are, how they happen, how they’re treated, how they might be prevented, government services that might be available.  Visit website.
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Scott Kozin, M.D. at Shriners Hospital

Scott H. Kozin, M.D., is the chief of staff for Shriners Hospitals for Children in Philadelphia. His areas of special interest include upper extremity/brachial plexus injuries, spinal cord injuries, congenital differences and upper limb reconstruction. Visit website.
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Peter Waters, M.D. at Children’s Hospital in Boston

Peter M. Waters, MD is the Orthopedic Surgeon-in-Chief, Orthopedic Center at Children’s Hospital in Boston, Massachusetts.  He is Director, Brachial Plexus Program; Director, Hand & Orthopedic Upper Extremity Program; and Director, Clinical Effectiveness Research Center. Visit website.
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Shoulder Dystocia Injuries: Know Your Rights and Options

Shoulder Dystocia is a complication that can present itself in the delivery room. If shoulder dystocia occurs during delivery, there are a number of maneuvers that can and should be used in order to deliver the baby without injury. In the absence of a proper response by the obstetrician or nurse midwife to relieve the shoulder dystocia, it is well known that injury to the newborn can result. These injuries include injury to the baby’s brachial plexus or the bundle of nerves leading from the spinal cord through the shoulders down the arm all the way to the hand. The
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$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
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