$950,000 Settlement in Shoulder Dystocia/ Brachial Plexus Injury Case
Daryl L. Zaslow obtained a $950,000 recovery on behalf of young girl with a permanent brachial plexus injury she sustained during her birth which was complicated by shoulder dystocia. “Shoulder dystocia” occurs when a baby’s shoulder gets trapped behind the mother’s pubic bone during delivery. In these circumstances the physician is required to use certain maneuvers to free the stuck shoulder without causing injury. To prevent injury to the brachial plexus nerves running from the neck through the shoulder/arm, the standard of care requires that the delivering physician not exert excessive force in attempts to deliver the child. In this delivery, Mr. Zaslow argued the obstetrician applied too much traction or pulling during delivery, and failed to utilize accepted maneuvers to deliver the child, resulting in a permanent brachial plexus injury, manifested by physical deformity, and, limited function of the shoulder, arm and hand (Erb’s and/or Klumpke’s Palsy). Although the injured child has a permanently injured arm, a tendon transfer surgery was successful in limiting the extent of the injury.