$1,175,000.00 Settlement – Erb’s Palsy

A Burlington County girl who was born with a brachial plexus injury recently obtained a $1.175 million dollar settlement from the doctors involved in her labor and delivery at a local hospital. During labor, the girl’s mother presented with numerous risk factors for shoulder dystocia, including diabetes, obesity, a large infant, and a large abdominal circumference on ultrasound imaging. Yet, she was not fully advised of the risk of shoulder dystocia, nor was she offered the option of c-section delivery. Sure enough, a significantly stuck shoulder occurred at delivery, at which time the delivering physician likely applied excessive downward or lateral traction on the infants head, resulting in tearing of the nerves of the brachial plexus, causing what’s known as an Erb’s palsy, or paralysis of the muscles in the upper extremity controlled by these nerves.

Despite appropriate treatment, including surgery to increase range of motion to the extremity, the nerve damage is permanent and the girl would remain with some loss of full range of motion and full use of her affected arm. Blume Forte partner Michael Zerres obtained the recovery on behalf of the young girl and the settlement was approved by the Court.