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On September 5, 2013, attorney Jonathan D. Mester, Esq., of Nurenberg Paris, and co-counsel obtained a verdict from a Franklin County, Ohio, jury in the amount of $1.4 million dollars on behalf of a 3-year-old child.
The case involved the delivery of a child that was complicated by a shoulder dystocia. A shoulder dystocia occurs when one or both of the shoulders become stuck after the baby’s head delivers. It is universally agreed that it is improper for a physician or midwife to simply try to forcefully pull the baby out as a method of delivering the child in the face of a shoulder dystocia.
In the case in Franklin County, the child was born with a limp arm and was taken to surgery at the age of 4 months wherein it was discovered that the child had nerve ruptures at three levels of the brachial plexus.
The jury returned a unanimous verdict against the nurse midwife who performed the delivery, finding that she was negligent in applying excessive pulling or traction resulting in this injury to the child. The jury determined that $1.4 million dollars was full and fair compensation for this child to compensate her for her loss of future earnings, future medical bills, pain and suffering, and disability.