$1.25 Million Settlement for Child’s Brachial Plexus Injury Incurred at Birth
- Attorney: Carol Forte
- Settlement: $1.25 Million
- Practice Areas: Medical Malpractice, Shoulder Dystocia, Erb’s Palsy, Birth Injury, Brachial Plexus
Carol Forte represented a child who was born with a severely injured arm. The child has little use of the arm.
The defense attorneys for the obstetrician who delivered the baby argued that the injured arm was a natural occurence and did not happen during delivery. Getting evidence in such a case against an obstetrician is very difficult.
But at the deposition of the obstetrician, Carol got him to admit that during delivery the child’s shoulder became stuck in the birth canal, and that he rotated the baby’s head 180 degrees in an effort to free the shoulder. Carol argued that the improper maneuver pulled several nerves out of the spinal cord and severely injured the child’s arm.
Carol negotiated a settlement of $1.25 million for the injury. The client’s HMO contributed to the settlement, an unusual occurrence.
For more background on attorney Carol Forte, click here .