Legal Blog: Shoulder Dystocia

$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

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$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

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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

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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

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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

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$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

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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

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Trial Experience And Proven Results

Get Trusted Advice and Proven Trial Experience On Your Side

Kenneth M. Levine is a retired attorney and an experienced legal consultant who advises trial attorneys nationwide in complex obstetrical brachial plexus birth injury cases.

If you are an attorney preparing for a obstetrical brachial plexus trial, I encourage you to speak with me to see if I may be able to help achieve a successful result for the child and family you’re fighting for. – Ken Levine