New York County (NY) Supreme Court
During vaginal delivery on a 32-year-old woman, shoulder dystocia was encountered. The child was born with Erb’s palsy.
The mother claimed the Ob/Gyn ordered a nurse to apply fundal pressure, which is contraindicated with dystocia.
The physician argued that she twice applied necessary and appropriate gentle downward pressure to dislodge the shoulder.
- The jury awarded the plaintiff $3.2 million.