Kenneth Berkowitz, Partner at the New Jersey personal injury law firm Blume Forte, obtained a $950,000 settlement on behalf of a young girl who has limited use of her right arm despite undergoing surgery to repair the nerve damage inflicted by physicians during her delivery. The young girl sustained a significant injury to the brachial plexus nerves which exit the spine at the neck and control shoulder, arm, wrist and hand function.
During birth a baby’s shoulder may become trapped behind the mother’s pubic bone, in a condition known as shoulder dystocia. Healthcare providers are expected to perform specific maneuvers to free the stuck shoulder; however, many physicians fail to use these maneuvers and/or use excessive traction. Such force used in pulling and twisting the baby causes excessive stretching of the brachial plexus nerves and can even result in the nerves being torn.
Even with reparative surgery, the brachial plexus nerves, may never regain their normal function. This type of permanent nerve damage can result in the limited use or even full paralysis of the shoulder, arm, wrist, and/or hand. These conditions are referred to as Erb’s Palsy or Klumpke’s Palsy.
Healthcare professionals who are negligent in their duty to provide an acceptable standard of care may be held liable for any injuries caused by their negligence.
If your child sustained a birth injury as the result of a failure to properly resolve shoulder dystocia, you may be entitled to take legal action. To find out whether you may have a meritorious claim, contact the experienced shoulder dystocia lawyers in New Jersey at Blume Forte for a no-cost consultation at (973) 635-5400.