Sommers Schwartz attorneys Matthew Turner and Lisa Esser filed a birth injury lawsuit for a boy who sustained a catastrophic injury to his right arm when the physician managing his delivery applied excessive force during birth while delivering the baby’s shoulder.
On November 13, 2017, the boy’s mother arrived at the hospital for labor and delivery. An obstetrician-gynecologist employed by the hospital system assumed responsibility for her care throughout labor and birth.
During delivery, the infant experienced shoulder dystocia, a complication that occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone after the head has delivered. Shoulder dystocia is an obstetric emergency that demands prompt, technique-specific management. The established standard of care requires the delivering physician to go through a series of maneuvers to deliver the shoulder and to apply only gentle, axial traction: force directed straight along the infant’s body, with no downward or lateral pulling while going through the maneuvers. That restriction exists because the brachial plexus, the network of nerves running from the spinal cord through the neck and shoulder and into the arm, is highly vulnerable to misdirected force. The only time traction is allowed is when the maneuvers do not work and pulling on the neck is necessary to save the life of the baby.
According to the complaint, the delivering physician failed to follow this standard. Both before and after recognizing that shoulder dystocia had occurred, he applied excessive downward and lateral traction while attempting to deliver the baby’s anterior shoulder. That force was transmitted directly to the infant’s brachial plexus, rupturing or avulsing all five of its nerves. At no time was the baby’s life in danger to justify the pulling on the neck by the physician.
The result was a global brachial plexus injury, meaning damage to the entire nerve network that controls movement and sensation in the arm, hand, and fingers. The boy now suffers substantial, permanent impairment of his right upper extremity. The complaint alleges the hospital and its affiliated medical group are also liable for the care provided, as the delivering physician operated as their agent and employee.
The lawsuit seeks compensation for the boy’s pain, suffering, emotional distress, and loss of normal enjoyment of life, along with the cost of the extensive medical, therapeutic, and rehabilitative care his condition requires. Because the impairment is permanent, the complaint also seeks damages for diminished future earning capacity and ongoing expenses that will continue throughout his life.
Our attorneys have been featured on local and national media outlets, including:
