$1,200,000 settlement on behalf of a 4 year child with Erb’s Palsy.
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 approximately 10 hours. She delivered a 9 lb 9oz baby after a shoulder dystocia (shoulder stuck behind pubic bone).
The delivery was videotaped by the Mom’s sister. 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 absolutely 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 expenses for therapy.