$1.5 Million Birth Injury Settlement

FREE CASE EVALUATION

  • We’ll win or it’s free.
  • 200+ 5 Star Reviews
  • 5000+ Cases Prepared for Trial

In a case involving an infant who suffered an Erb’s palsy during delivery, attorneys from our firm were able to secure a settlement of $1.5 million on behalf of the young child’s parents. The case ultimately came down to the inexperience and failure on the part of the doctor, who failed to adequately treat shoulder dystocia, resulting in head trauma to the child.

Shoulder dystocia is an obstetric emergency during delivery whereby the infant’s shoulder is wedged at some point in the birth canal, trapping the child in mid-delivery. Shoulder dystocia is often demonstrated by the “turtle sign,” when the child’s head crowns but the struggle of the shoulder draws the child back into the canal. Shoulder dystocia is to be treated with swiftness and care as compression of the umbilical cord can lead to infant demise.

Procedures for managing shoulder dystocia involve several different methods of modifying the position of the infant so that the shoulder is freed, allowing delivery to continue. Maneuvers for treated this dystocia are numerous and include the Woods’ screw maneuver, which adjusts the position of the child through the application of pressure. There is a methodical process of managing dystocia those doctors and nurses are trained to adhere to.

In this specific case, the doctor was young and inexperienced in dealing with shoulder dystocia. However, the training and education undergone by doctors, including the defendant, is enough to enable them to respond to such a situation. Therefore, the inadequacy of the young doctor was not a defense against his negligence and inability to treat the condition without injuring the child because his position made him reasonably expected to do so.

Instead of performing the proper maneuvers to reposition the child, the doctor applied excessive force to the infant’s head, trying to force it out, injuring the brachial plexus nerve center and resulting in Erb’s palsy. While Erb’s palsy can be treated and fully recovered from, it often requires specialist intervention. The damage affects the infant’s spinal cord, which in turn impacts the mobility development. Recovery is not without its costs. Treatment can involve nerve transplants, tendon transplants, and surgery. While these procedures are already expensive, costs are weighted when the treatment is given to a child requiring special attention.

The settlement provided the parents with the means to provide their child with adequate treatment without having to factor in costs in the decision. Because their child’s condition was the result of malpractice, it was the doctor’s responsibility to make up for his mistake.

Recent Blog Posts

What is “Pain and Suffering” in a Personal Injury Lawsuit?
There are few things more devastating than getting hurt in an accident caused by the negligence of another. Fortunately, as long as your injury claim is successful, you should receive… Read More
America Needs to Do More to Protect Our Cyclists, Motorcyclists & Pedestrians
According to an article recently published by the New York Times titled "The Exceptionally American Problem of Rising Roadway Deaths," America simply lags behind other comparatively developed countries when it… Read More
Is My Landlord Responsible for an Injury in NYC?
There is nothing more devastating than being involved in an accident, especially one that occurred under your own roof, as your apartment is supposed to be your safe space. Unfortunately,… Read More
What You Need to Know About Thanksgiving Day Car Accidents
Thanksgiving is a time of celebration. Families across the United States will gather to eat delicious food and reflect on all they are thankful for. Unfortunately, due to the high… Read More
What Makes a Viable Premises Liability Claim in New York City?
There are few things worse than getting hurt due to the negligence of another. Unfortunately, people are wrongfully harmed as a result of property owners failing to ensure their premises… Read More
How Does Drunk Driving Lead to Car Accidents in NYC?
There is nothing more devastating than being involved in an accident with a drunk driver. Unfortunately, despite the fact that our general population is well-aware of just how dangerous drunk… Read More
What is “Pain and Suffering” in a Personal Injury Lawsuit?
There are few things more devastating than getting hurt in an accident caused by the negligence of another. Fortunately, as long as your injury claim is successful, you should receive… Read More
America Needs to Do More to Protect Our Cyclists, Motorcyclists & Pedestrians
According to an article recently published by the New York Times titled "The Exceptionally American Problem of Rising Roadway Deaths," America simply lags behind other comparatively developed countries when it… Read More
Is My Landlord Responsible for an Injury in NYC?
There is nothing more devastating than being involved in an accident, especially one that occurred under your own roof, as your apartment is supposed to be your safe space. Unfortunately,… Read More
What You Need to Know About Thanksgiving Day Car Accidents
Thanksgiving is a time of celebration. Families across the United States will gather to eat delicious food and reflect on all they are thankful for. Unfortunately, due to the high… Read More
What Makes a Viable Premises Liability Claim in New York City?
There are few things worse than getting hurt due to the negligence of another. Unfortunately, people are wrongfully harmed as a result of property owners failing to ensure their premises… Read More
How Does Drunk Driving Lead to Car Accidents in NYC?
There is nothing more devastating than being involved in an accident with a drunk driver. Unfortunately, despite the fact that our general population is well-aware of just how dangerous drunk… Read More

MEMBERSHIPS AND AWARDS

Trial Lawyers University

THE LAW OFFICE OF RICHARD M. KENNY

Whether you need a car accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

FREE CASE EVALUATION

If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

"*" indicates required fields

TRANSIT INFORMATION:

34 St. - Herald Sq (0.13 mi)
St. - Penn Station (0.17 mi)
34 St. - Penn Station (0.35 mi)