• 01
  • February
    2012

Shoulder dystocia is a birth injury that happens when a baby's shoulder becomes stuck -- typically behind the mother's pubic bone -- during labor. In some cases, this can result in the nerves in the brachial plexus being ripped, which in turn can lead to the child losing function in their shoulder, arm and hand. These injuries can also last a lifetime.

Sadly, one family knows this all too well, as their daughter suffered from a shoulder dystocia during delivery on February 2007. Since then, the little girl has had to undergo two separate surgeries that cost $74,000. And while she does have some range of motion in her arm, more surgeries will most likely be needed, and she will still probably never have a normal full range of motion in that arm.

Two years after her birth, the parents decided to file a lawsuit against two physicians, and the women's health care center that they worked at. The claim was that the physician's could have prevented the injury, but did not. Additionally, the ob-gyn physician and his staff are accused of not properly diagnosing the mother when she was pregnant, in labor and delivering her daughter.

The medical malpractice lawsuit recently went to court after the health care center expressed no interest in reaching a settlement. After a two-week trial, the jury found that the little girl should be awarded $5 million for the pain and suffering that she has gone through, as well as the loss of function in her arm.

The parents were also awarded $500,000.

In general, shoulder dystocia can sometimes be prevented by doctors and staff taking proper medical procedures. However, sometimes medical staff fails to provide the standard level of obstetrician care. In those cases, parents can attempt to hold those doctors liable through a medical malpractice lawsuit.

Source: The Hawkeye, "Jury awards $5.5M for injury at birth," John Mangalonzo, Jan. 25, 2012