Attorney Daryl Zaslow, Esq. of the New Jersey personal injury law firm Blume Forte obtained a $950,000 settlement for a young girl who sustained a permanent brachial plexus injury during her birth, which was determined to have been complicated by shoulder dystocia.
Shoulder dystocia is a serious condition which can occur during a delivery when a baby’s shoulder becomes stuck behind the mother’s pubic bone during the birthing process. When this occurs, and the delivering healthcare provider (typically an obstetrician or midwife) does not perform the correct maneuvers to free the stuck shoulder and/or exerts excessive force on the fetal head when trying to deliver the child, there is an increased risk of injury to the nerves of the brachial plexus. These nerves control arm, wrist and hand movement and sensation, and, the injury from traction may result in a permanent disability.
To prevent causing an injury in a birth complicated by shoulder dystocia, healthcare providers are required to utilize specifically designed maneuvers to free the baby’s trapped shoulder, and, to refrain from using excessive force in the delivery.
In this case it was argued that the obstetrician used too much “traction” and failed to apply accepted maneuvers to deliver the child. As a consequence, the child suffered a permanent brachial plexus injury manifested by a physical deformity and restricted function of the shoulder, arm, and hand (Erb’s and Klumpke’s Palsies). The child required surgery to treat the nerve injuries, but remained with permanent disability.
The New Jersey birth injury lawyers at Blume Forte have obtained many successful case results involving shoulder dystocia and other forms of medical malpractice resulting in birth injuries. If your family has been affected by a birth injury, contact our law firm for more information about your potential rights and legal options. Call us at 973-845-4421.