Medical Negligence Alleged in Erb’s Palsy Lawsuit

Staff Writer | December 18th, 2012 | Posted in Cerebral Palsy Lawsuit News

On November 30, 2012, a California mother filed an Erbs palsy lawsuit on behalf of her and her newborn child in the Superior Court of California (San Francisco). The case names as defendants the hospital where the child was delivered, and the mother’s doctor during delivery. The plaintiff and her minor son filed the personal injury case due to alleged medical negligence resulting in severe Erb’s palsy and brachial plexus shoulder dystocia, which is a permanent birth injury. The plaintiffs request multiple and substantial damages for the minor child’s injuries.

Erbs palsy lawsuit alleges medical negligence caused birth injuries

According to the complaint filed by the plaintiff’s birth injury attorneys, the defendants “negligently performed, managed, monitored, evaluated and prepared for the delivery of [the minor plaintiff], a large baby whose mother had gestational diabetes.”

Though the mother requested a cesarean delivery, the defendants allegedly proceeded with a vaginal delivery without obtaining the informed consent of the mother plaintiff. As a result, the minor plaintiff suffered shoulder dystocia, which occurs when the bundle of nerves – known as the brachial plexus – surrounding the shoulder is damaged during delivery.

Erb’s palsy can occur under a variety of circumstances, such as when an infant’s shoulders are wrenched during a head-first delivery, or if a doctor allows the child’s head and neck to twist as his or her shoulders pass through the birth canal. The result is immobility or weakness of the arms and hands, and Erb’s palsy is often permanent. According to the plaintiffs’ cerebral palsy lawyer, the minor child’s condition is indeed permanent and will have resounding effects on his life and his family’s finances, lifestyle and everyday life.

Birth injury attorneys request damages for negligence

The Erb’s palsy lawsuit brings counts of general negligence and medical negligence, resulting in lost wages, hospital and medical expenses, general damages, and loss of earnings capacity. The plaintiffs also request compensatory damages.

If you believe your child has suffered brain or nerve damage due to medical malpractice, an Erb’s palsy or cerebral palsy lawyer at Balkin & Eisbrouch can help. We understand your situation, your suffering, and your unique needs – and we want to help. Call us today for a free case evaluation.