Undisclosed North Carolina venue
A woman who had already delivered a child with shoulder dystocia that resulted in Erb’s palsy was pregnant for a second time and feared it would happen again. The mother expressed her fear to her obstetrician and inquired about a cesarean section. All prenatal assessments for fetal size indicated that the infant was large.
When the mother presented for delivery, a vaginal delivery was attempted. Maneuvers to relieve resulting shoulder dystocia were ineffective. A cesarean incision was then made; cephalic replacement was unsuccessful.
The infant was delivered with a broken neck, broken clavicle, and broken arm. The child also had massive brain damage and cortical blindness as a result of brain hypoxia. The child is quadriplegic and dependent on a ventilator and gastrostomy tube.
- The parties settled for $13.5 million after a fourth formal mediation.