$290,000 Settlement for Brachial Plexus Injury Caused by Excessive Force During Labor and Delivery

Wendy Castro developed gestational diabetes during her pregnancy. She underwent an induction of labor at a federally supported health care facility. The attending certified nurse midwife Barbara Carroll encountered shoulder dystocia during the delivery and allegedly responded by applying suprapubic pressure. A shoulder dystocia is an event during labor and delivery in which the newborn’s head is delivered but the anterior shoulder of the baby gets stuck on the mother’s public bone. In that case, the shoulders fail to deliver after the baby’s head.

Under these circumstances, Carroll then performed the McRoberts and Woods’ screw maneuvers, which are two of the usual maneuvers when this complication arises. “Dystocia” means a slow or difficult labor or birth.

Castro’s son suffered a left brachial plexus injury, a nerve injury caused by the stretching or contusions to the brachial plexus nerves as a result of the shoulder dystocia. He is now 4 years old. He has undergone surgery and has limited range of motion in his left arm because of the nerve damage. In some cases of shoulder dystocia the baby could suffer a birth asphyxia, lack of oxygen to the brain, which may cause permanent brain damage.

On her son’s behalf, Castro filed a lawsuit against the United States under the Federal Tort Claims Act (FTCA) alleging liability for Carroll’s use of excessive force and an improper technique during the delivery of the child. Before trial, the case was settled for $290,000. The attorney representing the Castro family was Kenneth J. Bush.

The Castro family counsel engaged experts in obstetrics and childbirth. The United States engaged experts also on obstetrics and childbirth.

Castro v. United States, No. 2:15-cv-00378 (M.D. Fla. Jan. 19, 2017).

Kreisman Law Offices has been handling labor and delivery negligence lawsuits, brachial plexus injury lawsuits, birth trauma injury cases and birth injury and brain damage lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Naperville, Winfield, Olympia Fields, Evergreen Park, Hinsdale, Country Club Hills, LaGrange, South Holland, Barrington, Highland Park, Highwood, Crystal Lake, Lincolnwood, Chicago (Stockyards, Englewood, West Englewood, Gresham, Lawndale, Garfield Park, Humboldt Park, Portage Park, Norwood Park, Edgebrook, Lakeview), Park Ridge, Elk Grove Village and Wood Dale, Ill.