Brachial Plexus Injury Lawsuit Alleges Birth Injury Malpractice

A brachial plexus injury lawsuit has been filed following a difficult labor that resulted in an infant sustaining serious injuries. The lawsuit alleges that harm to the newborn child resulted from birth injury malpractice. Compensation in excess of $75,000 is sought from multiple defendants including the Robert Packer Hospital, Guthrie Healthcare System Auxiliary; the Robert Packer School of Nursing, and both the physicians and registered nurses who cared for mother and baby during the delivery.

The alleged failure of the hospital and its staff is said to have caused the infant to suffer from seizures, hemorrhaging, a fractured left humerus, and partial paralysis caused by damage to the brachial plexus nerves.

Difficult birth leads to brachial plexus lawsuit

The plaintiff is taking action on behalf of her minor child who sustained injuries during delivery. The claimant sought prenatal care during her pregnancy in November of 2005 at Guthrie Clinic. She attended 16 scheduled visits at the clinic and gained approximately 47 pounds during her pregnancy. In May of 2006, she was admitted to Robert Packer hospital and labor was induced. Fetal monitoring began, and she was administered Cyotec to help the labor progress. Monitoring of the fetal heart beat was stopped and then resumed again, and after she received an epidural, the fetal heart rate immediately showed deceleration.

The plaintiff was subsequently administered the labor inducing drug Pitocin at approximately 3:40 a.m. and her dose was then increased at 4:05, 4:35, 5:05, 5:50 and causing frequent dysfunctional contractions to occur. At multiple points during the labor process, the fetal heart rate indicated an arrest disorder. However, no obstetrician was consulted to intervene in the labor process.

At 8:10 in the morning, an unsuccessful accouchment force was attempted on the plaintiff by a nurse, with no effort made to consult with an obstetrician. At 10:28, the same nurse attempted to deliver the baby’s posterior arm unsuccessfully. A McRoberts maneuver was also attempted but failed. By 10:35 a.m., the head of the child was exposed but the body was still in the birth canal, indicating that shoulder dystocia had occurred. Shoulder dystocia is a condition wherein a baby becomes stuck in the birth canal with the shoulders lodged behind the mother’s pubic bone. An episiotomy was attempted at this point to try to deliver the child. An obstetrician was finally consulted at around 10:45 p.m.

When the infant was delivered, medical records indicate that an unsuccessful Woods corkscrew maneuver had been attempted and that the infant had severe shoulder dystocia. The child was intubated, resuscitated and transferred to the Arnot Ogden Medical Center for emergency care. The possibility of severe neurodevelopment deficits was noted in the medical records following delivery. Records also indicated that the infant suffered from hypoxia ischemia and a fractured left humerus.

The baby was subsequently diagnosed with hemorrhaging in the front of the brain and with a brachial plexus injury.

Family seeks compensation for birth injury malpractice

The plaintiff is seeking compensation for her child’s injuries, which she alleges occurred as a result of the problems during birth and the failure to provide adequate quality care. If the actions of the doctor, nurse and hospital are found to be negligent or below what a reasonable healthcare professional would have provided, those responsible for the damage to the child may be required to pay compensation for medical bills, lost income, pain and suffering, emotional distress and other damages.

Attorneys for the plaintiff allege that the negligence of the defendants will cause ongoing mental and emotional anguish; pain; humiliation and suffering for the foreseeable future. The lawsuit also indicates that substantial medical expenses have been incurred and will continue to be incurred because of the serious injuries resulting from the birth injury malpractice.

Legal advice for parents

With more than 40 years of combined experience, the law firm of Balkin & Eisbrouch has been successfully litigating cases involving brachial plexus injuries and other forms of birth injury malpractice. Call today for a free and confidential legal case review to determine if you are eligible to seek compensation in a court of law. Our attorneys only collect a fee if damages are recovered in your case.