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Failure to timely and properly deliver infant-plaintiff via c-section or using appropriate maneuvers leads to Erb's Palsy.
Settlement $650,000
On May 18, 2000, the mother presented to Dr. Klapper's group, where she received prenatal care for her pregnancy with the infant-plaintiff. Based upon the prenatal assessments performed, the estimated for the paintiff was determined to be December 26, 2000.
On December 6, 2000, the mother underwent a sonogram, which revealed that the estimated fetal weight was 3859 grams. This estimated fetal weight reflected that the fetus was Large for Gestational Age , a risk factor for shoulder dystocia. However, there was no indication that the option of a cesarean section was ever offered to the mother in light of this potential danger.
On December 15, 2000, at approximately 2:00 a.m., the mother began to experience contractions. The mother presented to Winthrop University Hosptial at about 6:30 a.m.
At approximately 8:20 a.m., a second-year resident physician ordered the administration of Pitocin to augment the mother' labor. By 8:56 a.m., the mother was 4 cm dilated, which increased to 6 cm by 9:12 a.m.. At 9:32 a.m. she was fully dilated. At 9:58 a.m., the mother was positioned for delivery with Dr. Klapper and Dr. Villella present. At 10:00 a.m., the fetal head was delivered, but shoulder dystocia was encountered. The McRoberts maneuver was then employed with Dr. Villella applying suprapubic pressure, but was unsuccessful. After a second maneuver, known as the Woods maneuver, was unsuccessful, the infant was delivered at 10:02 a.m. by delivering the posterior arm and shoulder.
The infant-plaintiff weighed 10 pounds, 8 ounces at birth. In addition to the fact that Shoulder Dystocia was documented during delivery, the newborn Exam Sheet indicated that upon examination there was facial suffusion (reddening); the Labor and Delivery Summary indicated there was bruising of the left arm; and, the Nursery Admission Record indicated that there was facial bruising - all evidence of a traumatic delivery.
The plaintiff alleged that the since the fetus was LGA and the mother was obese, the possibility of shoulder dystocia was increased. As such, precautions should have been taken to avoid that possibility.
Additionally, the plaintiff alleged that the administration of Pitocin was improper and increased the chances of shoulder dystocia. Plaintiff alleged that this improper administration of Pitocin was a factor in causing the infant plaintiff's shoulder dystocia as it increased the rapidity of descent, which led to a mis-orientation of the shoulders entering the pelvis. Plaintiff also alleged that the defendants applied excessive pressure the infant plaintiff's head and/or neck during the delivery.
As a result of the malpractice in this action, the infant plaintiff suffers from a mild Erb's palsy.
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