Gurfein Douglas Negotiated a $1,200,000 settlement for a 4-year child with Erb’s Palsy. Erb’s palsy’s main symptoms are arm weakness and loss of motion. It can occur in both infants and adults. Physical injury during newborn delivery or by traumatic force downward on the upper arm and shoulder, damaging the brachial plexus main nerves located in the neck and upper shoulder.

This was the second delivery for this 36-year-old mother, who gained 34 lbs. during her pregnancy. She went into labor about one week past her due date and was in labor in the hospital for approximately 10 hours. She delivered a 9 lb 9oz baby after a shoulder dystocia (shoulder stuck behind pubic bone).

The Mom’s sister videotaped the delivery. The videotape showed the doctor using all her weight to push the baby’s head down to try to relieve the stuck shoulder. This was the wrong way to deliver this child. The doctor failed to use the established maneuvers for freeing a stuck shoulder. That caused permanent damage to the nerves exiting the spine in the neck, leaving this child with a useless arm (Erb’s Palsy).

The settlement was structured to provide future income for the child and money for therapy expenses.