In this case, it was alleged by the mother of a baby, now 3 years old, that the child’s shoulder dystocia occurred during labor and delivery, which caused an unnecessary and avoidable injury to her child. According to the lawsuit brought on behalf of Baby Doe, the obstetrician allegedly applied traction to release the baby’s shoulders. As a result, however, Doe suffered a brachial plexus injury. Baby Doe has been diagnosed as having Erb’s Palsy, which has led to a disfigurement.
The Doe family sued the hospital maintaining that it was liable for the negligence of the obstetrician who mishandled the shoulder dystocia by applying excessive traction.
The defendant hospital reportedly argued that Baby Doe’s injuries were from maternal forces of labor rather than excessive traction. That is a common defense in shoulder dystocia cases. Before trial, the parties settled for $375,000.
The attorney successfully handling this case for the plaintiffs was James McCarthy.
Doe v. Long Island Jewish Medical Center, No. 0709716/2014 (N.Y. Sup.Ct. Queens County).
Kreisman Law Offices has been handling shoulder dystocia injury lawsuits, birth trauma injury cases, labor and delivery negligence lawsuits and brain damage baby lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and its surrounding areas, including Midlothian, Robbins, Harvey, Calumet City, Burbank, Summit, Crestwood, Crete, Beecher, Hoffman Estates, Hinsdale, Hanover Park, Olympia Fields, Sauk Village, Westchester, Thornton, South Chicago Heights, Barrington Hills, Chicago (Bridgeport, Rosehill, Sheffield, Southport, Jackson Park Highlands, Grand Boulevard, Diversey Harbor, East Garfield Park, Bucktown, Bronzeville, Loyola Park, Lithuanian Plaza, Lincoln Square, Austin), Evergreen Park, Lake Forest and Norwood Park, Ill.
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