We brought suit for our client against the hospital that delivered her adopted daughter. The delivering doctor used excessive force during the infant's delivery. This negligence caused an injury to the baby's nerves emanating from her cervical spinal cord resulting in Erb's palsy. Now 13 years old, the child suffers from significant limitation of movement of her left arm, hand and wrist. The parties agreed to settle for a total of $1.35 million as compensation for past and future pain and suffering, medical expenses and loss of future earning capacity.
Our client, a baby, sustained a damaged nerve due to medical malpractice during delivery. Doctors at the hospital did not realize that the baby would be large and when the baby was being delivered the doctors could not get the baby out without pulling on its arm and shoulder. The child has very limited use of her arm.
The physician who delivered the baby failed to take precautions to protect the nerves leading to the baby's arm. The attending physician should have recognized that the baby was too large to be delivered vaginally. Due to the size of the baby, the baby's shoulder lodged behind the mother's pubic bone during delivery. The mother claimed that the doctor applied excessive traction to the baby's head, which damaged the nerves leading to her baby's arm. After birth, the mother located a physician who performed surgery to attempt to repair the damaged nerves. This operation resulted in partial improvement of function, but the child will suffer permanent, limited function of her arm. The settlement is expected to pay the child millions over the course of her life.