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Attorney Craig Miller Helps Secure $2.3M Verdict in Shoulder Dystocia Case

Attorney Craig Miller of Simeone & Miller, LLP and his co-counsel secured an impressive $2,320,335.00 verdict for our birth injury client. A newborn suffered a permanent brachial plexus injury at the hands of an obstetrician/gynecologist (OBGYN) who we claimed had used excessive force and improperly done maneuvers while faced with a shoulder dystocia. While the defendant OBGYN claimed that the injury occurred as a result of the normal, propulsive forces of labor, the jury was ultimately convinced by the plaintiff’s representation, ruling in their favor.

Details of the Shoulder Dystocia Case

Attorney Miller’s client was admitted to INOVA Fairfax Hospital in March of 2010 as she went into labor. According to medical records and statements from people brought forth to testify in the trial, there was no event worthy of note during prenatal care and labor. However, during delivery, the newborn’s right shoulder became impacted upon the mother’s pubic symphasis. This situation, referred to as a shoulder dystocia, necessitates the use of special maneuvers in order to dislodge the shoulder without injuring the baby. During the course of the delivery, suffered a permanent brachial plexus injury that has rendered their right arm weak and largely immobile.

Defendant OBGYN claimed that he had properly performed the maneuvers when he encountered the shoulder dystocia and his experts agreed. However, in his deposition Defendant OBGYN described using traction to the head during the course of the maneuvers in an attempt to dislodge the shoulder.

Our experts testified that during the maneuvers traction on the head should only be used to test if the shoulder had been dislodged. It is not proper to use traction during the maneuvers to dislodge the shoulder because it is counterproductive and invariably leads to excessive force being used. Our experts further disputed Defendant OBGYN’s expert’s claims that these injuries occurred from the propulsive forces of labor (the pushing of the mother + contractions) or propulsive forces of labor plus ordinary traction. The location of the injuries to the brachial plexus, our experts testified, as well as the direction of the forces involved in labor and delivery could not have caused a permanent brachial plexus injury. In the end, the jury believed our experts that this was medical malpractice and the injuries were caused by excessive traction and improper performance of the maneuvers by Defendant OBGYN.

Talk to Washington DC’s Leading Birth Injury Attorneys

Was your child born with an injury that you suspect was caused by a medical provider’s mistakes? Let Simeone & Miller, LLP and our team of medical malpractice lawyers know what happened during a free consultation, and we can tell you how to begin your claim. Just call (202) 888-0872 at any time.