$950,000 Settlement Reached in Shoulder Dystocia Resulting in Brachial Plexus Injury to Baby

In this confidential settlement, during the delivery of Baby Doe, a shoulder dystocia occurred. The attending physician, Dr. Roe, released the impacted shoulder and delivered Baby Doe, who suffered a right brachial plexus injury. The brachial plexus injury required nerve graft surgery.

In spite of the surgery to correct the brachial plexus injury, Baby Doe now has a paralyzed right arm, shoulder and hand. Baby Doe’s mother suffered vaginal injuries as well during the delivery.

Baby Doe and her parents filed a lawsuit against the obstetrician, Dr. Roe, and the hospital that delivered Baby Doe, alleging that they chose not to properly handle the shoulder dystocia and safely delivery the baby. The Doe family claimed that Dr. Roe had encountered shoulder dystocia during the delivery of Baby Doe’s older sibling, but chose not to alert the Doe parents about this or the need for a Cesarean section delivery for future pregnancies.

It was also alleged that nurses failed to perform the appropriate delivery maneuvers to safely assist in the delivery of Baby Doe and avoiding the brachial plexus injury.

The defendants maintained that they had acted within the standard of care. Before trial, the parties agreed to the confidential settlement in the amount of $950,000. The attorney representing the Doe family was Carl A. McMahon.

Doe v. Roe Physician and Hospital, (Confidential Docket).

Kreisman Law Offices has been successfully handling birth injury lawsuits, hospital negligence cases, physician negligence cases and wrongful death cases for individuals and families who have been injured or killed by the negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and surrounding areas, including Lockport, New Lenox, Hinsdale, Highwood, Evergreen Park, Chicago (South Shore, West Loop, Wicker Park, Lincoln Square, Albany Park), Orland Park, Elmhurst, Arlington Heights and Antioch, Ill.