Birth Injury Verdicts & Settlements
In New York and New Jersey
During the birth of an infant, an obstetrician pulled on the infant’s head when the infant’s shoulder became stuck behind the pubic bone, resulting in permanent Erb’s Palsy. Family member eye witnesses testified at deposition that the doctor had placed his foot on the delivery bed for leverage when pulling on the baby’s head. The defendant denied applying excessive traction to the infant’s head, and alleged that he only applied gentle traction. We were able to secure a settlement totaling $690,000, with $670,000 for the infant and $20,000 for the infant’s parents. Through structuring a portion of the infant’s settlement, the infant will receive over a million dollars payment as a result of the settlement.
Erbs Palys and Brachial Plexus Verdicts and Settlement Attorneys
Trief & Olk represented an infant diagnosed with Erb’s Palsy where the delivering obstetrician pulled on the infant’s head when the shoulder was stuck in the birth canal. The obstetrician denied that the shoulder was stuck or that she had pulled on the infant’s head. During the trial the jury found for our client and awarded a seven-figure verdict. The Post verdict settlement resulted in a structured settlement worth several millions over the infant’s lifetime.
We represented an Erb’s Palsy case in Albany, New York in which the Obgyn’s name appeared on all the records; however a midwife actually delivered the baby while the doctor was outside the room, resting in a rocking chair in the hallway. It took a sophisticated medical malpractice attorney who knew how to analyze medical records, ask the right questions and pursue the discovery process until full disclosure was made. The midwife admitted that the way she delivered the baby constituted malpractice. In this case, we were able to get a very generous compensation for our client.
In another Erb’s Palsy case, the mother had previously delivered fairly large children. The sonogram estimated the baby’s birth weight to be greater than 10 pounds. This is a clear indications that shoulder dystocia will be present. The doctor refused the mother’s request for a cesarean section; and after delivery, the baby needed resuscitation. The infant’s arm was found to be limp. We obtained a generous settlement for this client.
After a vaginal delivery in which the physician failed to properly estimate the fetal weight and missed numerous other indications that the baby was too big to deliver without performing a caesarian section, our client’s child suffered numerous medical complications, including Erb’s Palsy. We were able to reach a settlement that established an annuity with multimillion dollar benefits.
We successfully represented a mother and her baby who developed Erb’s Palsy as a result of her physician pulling excessively on an infant’s head after shoulder dystocia occurred during delivery. Even though the mother had failed to disclose that her first child had also had shoulder dystocia during delivery, we were able to reach a settlement which will allow the child to receive over seven figures over the course of her life.
At Trief & Olk, we have extensive experience in litigating a variety of birth injury cases. You are in safe and caring hands with our birth injury attorneys and we invite you to contact our office today for a free case evaluation. Trief & Olk proudly serves clients throughout New York and New Jersey.