During the delivery of Gwendolyn E., her shoulder became stuck or she encountered shoulder dystocia. Shoulder dystocia is a term used when the baby’s shoulder gets stuck behind the pelvic bone of the mother during delivery. Because of the shoulder dystocia involving Gwendolyn’s delivery, the attending obstetrician, Dr. Miguel Carbonell, applied traction.
As a result of the traction, Gwendolyn suffered a brachial plexus injury, which required many surgeries. She is now 6 years old but has limited use of her left hand because of the nerve injuries to the brachial plexus. The brachial plexus is a network of nerves that runs from the spine to the neck to the shoulders. During a shoulder dystocia delivery, the baby can have those nerves stretched or torn, which results in very serious mobility injuries to the shoulder, arms and hands.
Gwendolyn’s mother filed a lawsuit against Dr. Carbonell and the employer, Associates for Women’s Health of Southern Oregon, alleging use of excessive traction.
After a jury trial, the jury entered its verdict of $1.01 million. The plaintiff attorney representing Gwendolyn’s mother as guardian was Elden Rosenthal of Portland, OR.
At trial, Gwendolyn’s family engaged experts in pediatric orthopedic surgery, obstetrics, pediatric neurology and bio-mechanical engineering.
The defendant engaged experts to testify, which included obstetrics, pediatric neurology and nursing.
G.E. v. Asante, No. 13 CV 02960 (Or. Cir. Ct. Jackson County, March 3, 2015).
Kreisman Law Offices has been handling birth injury cases, brachial plexus injury cases and medical negligence cases 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 38 years in and around Chicago, Cook County and its surrounding areas, including Flossmoor, Elgin, Long Grove, Lake Villa, River Forest, Prospect Heights, Winnetka, Wilmette, Palatine, Calumet City, Chicago (Wicker Park, Rogers Park, Lincoln Park), Deerfield, Wheeling and Vernon Hills, Ill.
Related blog posts:
Brain Damaged Child Receives $7.75 Million Settlement – Louis Montes, a minor, et al. v. West Suburban Hospital Medical Center, Inc.
Hospital Fails to Adequately Monitor Pregnant Mother – $11.5 Million Awarded for Death of Unborn Child and Organ Loss of Mother in Miller v. Edward Hospital