On July 9, 2012, a South Carolina man, as Guardian ad Litem of a minor child, filed an Erb’s palsy lawsuit in the South Carolina County of Allendale. The plaintiff brings claims against Allendale County Hospital and Low Country Health Care System, and hospital employees Dr. Janet McKissick and midwife Amy Loughlin.
According to the complaint, the minor child suffered shoulder dystocia during delivery. The defendants allegedly did not act appropriately in the face of the complication, and caused a traumatic injury to the infant’s brachial plexus nerves. The boy was later diagnosed with an Erb’s palsy birth injury.
Erb’s palsy lawsuit transferred to district court
On January 4, 2013, the lawsuit was transferred from Allendale to the U.S. District Court for the District of South Carolina, where it is now proceeding. According to the original court documents, prior to July 9, 2002, the mother of the child became pregnant and came under the care of the defendants Loughlin and McKissick.
On July 9, the mother was admitted to the hospital for delivery of the baby. Loughlin and McKissick took charge. The plaintiff states the defendants were negligent and reckless, and failed to properly recognize and manage her baby’s shoulder dystocia—a condition in which the baby’s shoulder becomes lodged under the pubic bone, trapping the baby in the birth canal.
Alleged negligence results in Erb’s palsy birth injury
The mother claims that the defendant hospital failed to provide adequate training to its obstetricians and delivery staff, and failed to require them to demonstrate competency in the management of complications like shoulder dystocia.
The defendants also failed to perform delivery by C-section, which is often recommended in cases of shoulder dystocia, and instead, used improper and excessive force, torsion and/or traction to deliver the child, resulting in injury to the brachial plexus nerves, which control the hand and arm.
As a result, the baby suffered traumatic injury to the nerves, and will now have permanent impairments and disabilities for the rest of his life.
What is Erb’s palsy?
Erb’s palsy was named for Wilhelm Erb, the doctor who first described the condition. It occurs when the brachial plexus, the network of nerves near the neck, is injured, causing weakness and loss of motion. Between one and two babies of every 1,000 suffer the condition, and may not be able to move the shoulder and arm.
Treatment for an Erb’s palsy birth injury includes daily physical therapy, which can eventually return control of movement. In more severe cases, surgery may be required to improve the potential outcome.
In many cases, an Erb’s palsy birth injury can be avoided with good health care during pregnancy (particularly if the mother suffers gestational diabetes), good advance planning for the delivery, and knowledgeable doctors that are trained in the techniques and maneuvers that can dislodge a shoulder safely.In this case, the plaintiffs seek actual and punitive damages.
Speak to birth injury lawyers
The law firm of Balkin & Eisbrouch understands the emotional and financial hardships that birth injuries place on families. Call us today to determine your eligibility for filing an Erb’s palsy lawsuit if you suspect medical negligence caused your child’s permanent disabilities. Legal consultations are free and there are never any fees unless you secure monetary compensation.
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