Levin & Perconti attorneys Steve Levin and Susan Novosad secured a $6,716,000 verdict on behalf of a woman who was left with permanent, disabling paralysis in both arms as a result of negligent traction applied during her delivery.
What Happened
Our client was born on September 5, 1990, at a Hospital in Oak Lawn, Illinois. When labor began, she was in the frank breech position, feet-first rather than head-first. Her attending physician elected to proceed with a vaginal delivery and enlisted a resident physician to perform the delivery as a learning experience.
During the delivery, the resident applied premature and excessive traction, resulting in bilateral nuchal arms; a complication in which the baby’s arms become trapped behind the head during delivery. That misapplication of force caused cervical nerve root avulsions, a severe injury to the network of nerves that controls movement and sensation in the arms and hands.
The damage was permanent and affected both arms. Our client has virtually no use of her left arm, a result of Erb’s palsy and Klumpke’s paralysis — two conditions that together affect the full length of the brachial plexus nerve network and leave her with near-total loss of function in that arm. Her right arm has limited rotation and weakness from the shoulder to the elbow.
“Our client has lived with the consequences of decisions made in the delivery room since the day she was born. This verdict cannot change that, but it gives her the resources to live as fully as possible going forward.”
What Is Brachial Plexus Palsy?
The brachial plexus is the network of nerves running from the spine through the neck and into the arm that controls movement and sensation from the shoulder to the fingers. Brachial plexus injuries during birth most often occur when excessive force is applied during a difficult delivery, stretching or tearing those nerves. Depending on the severity, the result can range from temporary weakness to permanent paralysis. Klumpke’s paralysis affects the lower brachial plexus and impacts the forearm, wrist, and hand. Our client suffered both.
A Resident Performing a High-Risk Delivery
The circumstances of our client’s delivery raised serious questions about the judgment exercised before and during her birth. A vaginal delivery with a baby in the breech position carries known risks and requires experience and precision. Levin & Perconti attorneys argued that the decision to assign a high-risk breech delivery to a resident as a learning experience was itself negligent, and that the resident’s application of excessive traction at a critical moment compounded that negligence.
The defense argued that the resident’s involvement ended early in the delivery and that the attending physician was responsible for the complications that caused the injury. Levin & Perconti attorneys demonstrated that the misapplication of traction during the resident’s involvement either caused the brachial plexus damage directly or made the injury an inevitable consequence of the delivery that followed.
The Verdict
Before trial, our attorneys settled with the attending physician, who, according to the defense, ‘fell on his sword’ and took responsibility for everything that happened. Our attorneys did not accept that argument. They maintained that if a resident performed the care and failed to provide it appropriately, both the resident and the hospital that employed him were also responsible parties.
The jury returned a verdict of $6,716,000 in favor of our client. Her injuries have shaped every aspect of her life: her independence, her employment prospects, and her physical capabilities. The verdict reflects not only the economic losses she faces, but the permanent physical reality she has lived with since the day she was born.
How We Can Help You
If you or a loved one has suffered a birth injury due to medical negligence, Levin & Perconti offers experienced legal support:
- Free Case Evaluation: We listen carefully and assess your claim with no obligation.
- Birth Injury Expertise: Our attorneys specialize in birth trauma and medical malpractice.
- Dedicated Support: We fight for the compensation and care your family deserves.
Contact us today to schedule your free consultation.
