$1.9 Million Settlement for Birth Injury
- Date: Spring 2004
- Attorney: John Blume
- Settlement: $1.9 Million
- Practice Areas: Medical Malpractice, Labor & Delivery, Shoulder Dystocia, Erb’s Palsy, Birth Injury, Brachial Plexus
John Blume represented a child who was born with a severely injured right arm. The injury, known as an Erb’s Palsy, resulted in the child, now four years old, having little use of the arm.
The defense attorney for the doctor who delivered the baby argued that the injured arm occurred as a natural consequence of the forces of labor. However, the evidence indicated that the injury probably occurred when one of the shoulders became stuck during the delivery (known as a shoulder dystocia), when the obstetrician exerted excessive downward traction on the baby’s head, tearing the brachial plexus nerves. Subsequent surgery to attempt to repair the damage was of little success.
Mr. Blume negotiated a settlement of $1.9 million for the injury.