New York Mother Files Brachial Plexus Injury Lawsuit

Shay Morrigan | May 28th, 2013 | Posted in Cerebral Palsy Lawsuit News

Brachial Plexus InjuryA New York woman, represented by her birth injury lawyers, filed a new birth injury lawsuit in the United States District Court, Eastern District of New York, on February 5, 2013. According to her complaint, her daughter, born February 22, 2010, suffered from a brachial plexus injury during her delivery that led to a diagnosis of Erb’s Palsy. The plaintiff claims medical negligence against defendants Dr. Gail Besson and the Brooklyn Hospital Center.

Plaintiff claims defendants were negligent

Expectant mothers who have gestational diabetes typically have a greater risk of carrying a baby who is overly large (called “infant macrosemia”). Excess glucose can cross over into the placenta to speed the growth of the fetus, making the eventual vaginal delivery potentially difficult and dangerous.

The plaintiff in this case states that her doctors failed to diagnose her baby with macrosemia, and failed to correctly ascertain the correct weight of the fetus or at least a reasonable estimate of the anticipated fetal weight prior to birth, when they should have done so.

Through her birth injury lawyers, the plaintiff also states that the defendants failed to obtain an abdominal sonogram prior to the child’s delivery on February 22, 2010, which also could have led to a safer delivery that would have avoided injury to the child.

Claimant was diagnosed with gestational diabetes

Women who are diagnosed with gestational diabetes, or who have infants who are overly large, are often advised to deliver via Cesarean section to protect the health of the baby. The plaintiff in this case says that her doctors did not make that recommendation, even though she had been diagnosed with gestational diabetes in a prior pregnancy, and even though she displayed signs of gestational diabetes in this pregnancy, as well.

Because the baby was extra large, the vaginal delivery was difficult, and the baby’s shoulder became lodged under the mother’s pubic bone. This is a condition called “shoulder dystocia,” and requires a very careful approach by the doctors to avoid injury. The plaintiff claims that the defendants failed to detect right shoulder dystocia, and improperly attempted to deliver the child’s arm, placing excessive traction on the infant’s head, neck and shoulders, and also improperly applying supra pubic pressure. She adds that they failed to try standard maneuvers to facilitate delivery, including the Woods and McRoberts maneuvers, and finally, that they failed to recommend a Cesarean delivery.

Child suffers brachial plexus injury

Because of the excess pressure put on the infant during delivery, she was later diagnosed with a brachial plexus injury, which describes a condition in which the nerve cluster around the shoulders is damaged. Resulting symptoms include an inability to control or move the hand and arm muscles.

According to the claimant’s birth injury lawyers, the child suffered injuries and wounds to various parts of her head, neck, left arm and shoulder, body, and limbs—as well as arm paralysis—after the delivery. She has had to endure numerous medical treatments and will continue to have to undergo medical treatments in the future.

Other mothers who have given birth to a baby with a brachial plexus injury or Erb’s Palsy are encouraged to consult the birth injury lawyers at Balkin & Eisbrouch for more information. If medical malpractice was involved in the delivery, the family may be eligible to file a lawsuit.

Diabetes.org, Gestational Diabetes http://www.diabetes.org/diabetes-basics/gestational/