RESULTS: $1 Million Medical Malpractice Settlement
DATE: 2024
ATTORNEYS: Richard N. Shapiro
STAFF: Paula S.
WHAT HAPPENED:
In 2016 a young mother delivered her baby by vaginal delivery at a Hampton Roads, Virginia, area hospital [names and places have been redacted due to confidentiality terms of the settlement]. The mother’s baby suffered what is called shoulder dystocia, and the entrapment of the shoulder of the baby ultimately was documented as Erb’s palsy, causing brachial plexus injury to one of the baby’s shoulders/arms.
The birth record and the delivery record revealed that there was downward traction applied to free the baby during delivery, and there was a second application of pressure on the baby during the delivery process. Besides documenting that shoulder dystocia had occurred, there was no immediate indication that the baby would suffer from any permanent impairment due to the brachial plexus injury to the shoulder.
LEGAL STRATEGIES:
Once our firm was retained, we advised the mother that until an MRI was conducted, it would not be confirmed that a serious permanent impairing brachial plexus injury had occurred to the shoulder even though it was well documented within months that the baby did not have normal range of motion of the shoulder or arm. We urged the mother and father to push for a shoulder MRI, which was later obtained.
According to the MRI report, there was brachial plexus injury to multiple brachial plexus nerves. Following the confirmation of the brachial plexus injury, we suggested that another law firm lawyer with a track record of success in brachial plexus injury cases combine with our firm to lead the litigation effort.
Co-counsel filed suit, and ultimately, numerous expert witnesses were obtained who provided the opinion that excessive force and traction had been applied during the labor and delivery process, leading to the unnecessary and preventable shoulder dystocia-brachial plexus injury.
Many expert witnesses testified on behalf of the mother and on behalf of the doctors who had assisted in the delivery of the baby. The OBGYN’s expert witnesses denied that the doctors had caused the injuries due to any excessive force applied during delivery.
It is typical for defending OBGYNs and obstetricians to develop expert testimony that they did not commit any violation of medical standard of care in the way they delivered a baby under these circumstances. However, through a careful analysis of all of the labor, delivery, and birth evidence, our co-counsel was able to convincingly prove that excessive traction had been supplied during the delivery process, leading to permanent injuries. Only weeks before the scheduled jury trial, the matter was settled with confidential terms.