$900,000 Settlement In Lawsuit Involving Baby’s Erb’s Palsy Injury
A variety of claim frequently encountered by a birth injury attorney is the Erb’s palsy injury. This injury is caused by damage to the group of nerves in the infant’s shoulder which impact the shoulder, the arm and the hand. In some instances the child will have to have surgery. Even with surgery, though, a number of babies will endure irreversible damage to the arm. When evaluating these cases an erbs palsy lawyer considers a number of issues. Among the concerns is if the physician involved had data indicating there might be difficulties from a vaginal delivery and took sufficient actions to avoid them.
In a published case, for instance, the baby’s mother had formerly given birth to 2 additional children both of whom had been large babies. The expectant mother tested borderline for gestational diabetes in the 4th month of her pregnancy. She had substantial weight gain throughout the pregnancy. The unborn child had been noted larger than anticipated at 4 months into the pregnancy and to weigh in the 90th percentile. The mother’s physicians scheduled her for induced vaginal labor in the fortieth week of pregnancy.
Once admitted to the hospital for the planned vaginal delivery several worrisome signs were observed. However, the doctor failed to try to examine the mother again for gestational diabetes or to calculate the unborn child’s weight before inducing her. The doctor did not alter the plan and do a C-section.
Hospital documents revealed that shoulder dystocia was found and that subsequent to delivery of the child’s head, instead of trying a regularly used procedure, the doctor instead applied suprapubic pressure to assist in delivery. The child weighed 10 pounds 10 ounces at birth and had a head circumference in the ninetieth percentile. She had Erb’s palsy. As she grew her arm atrophied due to her incapacity to use it. She has developmental delays and she has cerebral palsy. According to law firm that pursued the lawsuit announced that the lawsuit settled for $900,000.
The above is not medical or legal advice. Consult a physician right away if you think there is a complication with your pregnancy or your infant has a health issue. Consult a medical negligence attorney if you believe your infant was hurt due to an error by a doctor or other health care professional.
