Angelle Morley suffered from gestational diabetes. She was a high risk for having a large baby. When she became exhausted during active labor, her treating obstetrician, Dr. Ralph Dauterive, applied forceps to the baby’s head. The baby’s left shoulder became impacted on Morley’s pubic bone. It was alleged that Dr.…
Articles Posted in Brachial Plexus Injury
U.S. Court of Appeals Affirms Dismissal of Birth Injury Lawsuit Under the Federal Tort Claims Act Because of the Statute of Limitations
A federal district court judge has ruled that the two-year statute of limitations for Dominique Woodson’s medical malpractice claim against the United States under the Federal Tort Claims Act (FTCA) started running on Dec. 7, 2013. Her son, P.W., was born with a left arm that “sagged down to his…
U.S. Court of Appeals Affirms Summary Judgment for Government in Federal Tort Claim Act in Brachial Plexus Birth Injury
In a Federal Tort Claims Act lawsuit alleging that the plaintiff’s child sustained permanent injuries to the arm during birth, the district court judge found that the lawsuit was filed after the applicable two-year limitations. The records show that (1) the doctor told the plaintiff mother that the delivery plan…
$365,000 Structured Settlement in Brachial Plexus Birth Injury Case
During delivery at a hospital, newborn Destiny Coleman suffered a brachial plexus injury. The baby’s mother, individually and as her guardian, filed a lawsuit against the estate of Dr. Robert Lipari, the obstetrician who delivered her. He is now deceased. The lawsuit alleged obstetrics medical negligence. The defense argued that…
U.S. Court of Appeals Affirms Brachial Plexus Injury Damage Award Where Conflicting Expert Testimony Was Considered
When Yong Juan Zhao gave birth to her son “S.,” the baby suffered an avoidable brachial plexus injury, which severely and permanently impaired the function of his right arm. During her pregnancy and S.’s birth, Zhao was attended by an obstetrician employed by a federally supported grant clinic in southern…
Illinois Supreme Court Reverses Judgment and Remands Case for New Trial in Birth Injury Lawsuit Based on Motion in Limine
This Supreme Court case comes from an appeal twice to the appellate court and originally from the Circuit Court of Adams County, Ill. The issue was “whether the ruling of the appellate court, 2016 IL App (4th) 150843, reversing the judgment and remanding this case for a new trial requires…
U.S. Court of Appeals Refuses to Admit Doctor’s General Reputation Found on Internet Websites in Birth Injury Lawsuit
The U.S. Court of Appeals for the Fourth Circuit has affirmed a federal court’s exclusion of evidence regarding the defendant physician’s general reputation on internet websites. In this case, Sheena Dorman, Dillon Ming and their minor child sued obstetrician Dr. Richard G. Welch and his medical practice, Annapolis OB-Gyn Associates…
$1.1 Million Settlement in Obstetric Negligence in Shoulder Dystocia Case
During the delivery of Baby Doe, a shoulder dystocia was encountered. That is the medical condition in which a fetus in labor and delivery has a shoulder caught on the pelvis of the mother. An obstetrician in this case performed maneuvers to try to resolve the dystocia. However, Doe suffered…
State Supreme Court Affirms Dismissal of Birth Injury Medical Malpractice Lawsuit
The Supreme Court of Iowa affirmed the judgment of the district court dismissing the plaintiff’s medical malpractice claims against the medical provider defendants, holding that there was no reversible error. The child involved in this case is identified as T.D., who was born Aug. 31, 2007 at the Henry County…
$15.34 Million Jury Verdict for Negligence in High-Risk Delivery
Zoila Fuentes Medina was admitted to the Brooklyn Hospital Center to deliver her baby. During her prenatal treatment at the hospital’s high-risk clinic, concerns were raised about possible macrosomia. Macrosomia is a condition in which a fetus has a predicted birth weight of more than 8 lbs. 13 oz. Suspected…