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Medical Malpractice
Shoulder Dystocia
Erb’s Palsy
Brachial Plexus
Birth Injury
 
$475,000 Settlement ~ Medical Malpractice
Birth Injury ~ Shoulder Dystocia/Erb's Palsy
 
Attorney: David M. Fried
Settlement: $475,000.
Winter 2008

David Fried obtained a $475,000. settlement in a Shoulder Dystocia/Erb’s Palsy case. "Shoulder dystocia" occurs when a baby's shoulder gets trapped behind the mother's pubic bone during delivery. A doctor or midwife is supposed to use certain maneuvers to free the stuck shoulder. In addition, to prevent injury to the brachial plexus nerves running from the neck through the shoulder/arm, one should not exert excessive force in attempts to deliver the child. This delivery was done by an obstetrician, who, at the time the lawsuit was brought, was no longer practicing. David needed to comprehensively investigate to ascertain by which insurance carrier the doctor was covered. David established that the type of injury suffered by the girl (neuroma), occurs when the person delivering the baby applies too much traction, causing a nerve injury. The permanent brachial plexus injury caused the girl to have limited function of her shoulder, arm and hand (Erb’s Palsy). David also utilized a vocational expert in this case to establish the extent of the damages.

Medical Malpractice
Shoulder Dystocia
Erb’s Palsy
Brachial Plexus
Birth Injury

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