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ARTICLE ID 193498

$________ CONFIDENTIAL – Medical Malpractice – Ob-gyn Negligence – Failure to perform timely cesarean section given maternal risk factors – Permanent brachial plexus injury.

Confidential County, MA

In this ob-gyn negligence matter, the plaintiff alleged that the defendant physician was negligent during a birthing in failing to offer a Cesarean section to the plaintiff who had numerous risk factors, including applying excessive traction. As a result of the defendant’s negligence, the infant was born with a permanent brachial plexus injury. The defendant denied any deviation from acceptable standards of care.

The plaintiff mother was overweight and had gestational diabetes, and the infant appeared to be a large baby. These were risk factors that put the infant at risk for brachial plexus, and therefore, the labor was induced. The defendant attempted to deliver the child via vacuum, which was unsuccessful, and the plaintiff mother was encouraged to continue pushing, instead of being offered the option of a Cesarean delivery.

The vacuum was again applied, and the head was delivered, and at that time, shoulder dystocia was diagnosed. Maneuvers were instituted by the defendant, which were unsuccessful. The defendant physician attempted posterior arm delivery and suprapublic pressure was applied. The infant’s body was delivered two minutes after the infant’s head was delivered. The child was born weighing ten pounds, four ounces, and was diagnosed with right brachial plexus injury. Despite treatment, the child has a permanent brachial plexus injury as a result of the defendant’s failure to perform a Cesarean section in a timely manner.

The plaintiff brought suit against the defendant, alleging negligence in the delivery of the child by applying excessive pressure, as well as failing to offer a Cesarean delivery when it became apparent that there were risk factors present for a shoulder dystocia.

The defendant denied any deviation from acceptable standards of care, and maintained that there was no due negligence.

Both plaintiff and defendant agreed to resolve the plaintiff’s complaint for the sum of $________ in a confidential settlement agreement between the parties.

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