$415,000 Settlement for Shoulder Dystocia / Erb’s Palsy

David Fried obtained this settlement for a boy who sustained an injury to his brachial plexus nerves during birth. “Shoulder dystocia” occurs when a baby’s shoulder gets trapped behind the mother’s pubic bone during delivery. A doctor or midwife is supposed to use certain maneuvers to free the stuck shoulder. In addition, to prevent injury to the brachial plexus nerves running from the neck through the shoulder/arm, one should not exert excessive force in attempts to deliver the child. In this delivery, because too much force was used by the doctor during delivery, and that doctor failed to use accepted maneuvers to deliver the child, it resulted 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). The child had little to no treatment through childhood, which limited both the progress in his recovery, and the damages obtainable in this case. Despite the difficult damage issues, David was able to settle this matter for $415,000.

For more information with regard to Shoulder Dystocia and Erb’s Palsy, please click here .