Improper Management of Labor and Delivery resulting in an Erb’s Palsy

$900,000 RECOVERY 
Physician failed to properly use accepted maneuvers to relieve a shoulder dystocia

Kings County, NY 

This medical malpractice action involved a plaintiff who presented to the defendant OB/GYN for her pregnancy. During the labor and delivery, the infant’s shoulder became lodged behind the mother’s pubic symphysis bone – an obstetrical emergency known as a shoulder dystocia. The physician documented that he visualized a turtle sign – a condition when the head retracts back toward the vaginal canal as a result of the fetal shoulder being lodged behind the maternal pubic symphysis. Plaintiff alleged that the defendant obstetrician was negligent in failing to utilize accepted techniques to relieve a shoulder dystocia without injuring the infant and that the defendant negligently pulled too hard on the infant’s head resulting in a permanent brachial plexus injury known as an Erb’s palsy.


The infant plaintiff had undergone years of therapy, medical procedures and botox injections. By 6 years of age, the infant plaintiff did not have full use of her left arm, she had winging of the scapula, could not catch a ball, could not pull up her clothes, needed help dressing and had trigger thumb which required surgery. The condition was permanent.


The case settled after party depositions for $900,000.00. 

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