$650,000 Recovery for Erb’s Palsy
- Date: Winter 2013
- Attorney: Michael B. Zerres
- Settlement: $650,000
- Practice Areas: Medical Malpractice, Erb’s Palsy/Brachial Plexus Birth Injury
A six-year-old Union County girl, whose arm was left partially paralyzed as a result of an Erb’s Palsy brachial plexus injury, will receive a $650,000 settlement arising out of medical care provided by her mothers OB/GYN at the time of her birth. The mother, who was a gestational diabetic, had an ultrasound within one month before delivery showing a larger than normal abdominal circumference. Both the diabetes and ultrasound findings were risk factors for shoulder dystocia, but the parents were told of the potential for a difficult delivery or of the option for a c-section delivery. During labor things progressed normally, but after delivery, a shoulder dystocia occurred and it was contended that the physician used excessive traction in delivery of the shoulders, resulting in stretching and tearing of the brachial plexus. Had a c-section been discussed, the parents would have elected that option, removing the risk of shoulder dystocia from occurring at delivery. Likewise, had excessive traction been avoided, the delivery could have been performed without permanent injury resulting.
The Erbs Palsy injury effected the C-5 and C-6 nerve roots, and, the girl required one orthopedic procedure to increase range of motion in the affected arm. She will also require ongoing physical therapy. BG partner MBZ handled the matter on behalf of the family.