Attorney Craig Miller of Simeone & Miller, LLP and his co-counsel secured
$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.