Birth injury caused boy’s permanent impairments — $3.3 million verdict

Type of action: Medical malpractice

Injuries alleged: Permanent brachial plexus injury

Name of case: John Doe v. Jane Doe

Court: Confidential

Case no.: Confidential

Tried before: Jury

Date resolved: Feb. 26, 2025

Attorneys for plaintiff: Charles J. Zauzig III and Melissa G. Ray, Woodbridge, Nichols Zauzig

Description of case: An expectant mother presented to the hospital in labor on April 12, 2019, at 39 weeks, with her second baby.

The defendant obstetrician was assigned as her attending physician.

As her labor progressed throughout the day, the baby’s heart rate showed repetitive decelerations on the electronic fetal monitoring strips and the nurse asked the defendant OB to evaluate her. At about 6:21 p.m., she was 9.5 cm dilated with an anterior lip. The defendant OB pushed the lip over the baby’s head with the next contraction and the baby’s head delivered after she pushed two more times.

The defendant doctor documented in her delivery note that after the head delivered, she called for assistance for shoulder dystocia and two nurses performed McRobert’s maneuver as she applied “gentle” downward pressure in an effort to relieve the impacted anterior shoulder. The baby did not deliver, and the defendant OB attempted to perform a corkscrew maneuver but there was still no movement of the impacted shoulder. Next, the defendant OB documented that she then delivered the baby’s left arm, which was the posterior arm, and the baby delivered. She recorded the shoulder dystocia as lasting one minute.

The baby weighed 3910 grams and had APGAR score of 9 at one minute and five minutes. In the delivery room, it was documented that the baby was not moving his right arm, which was the impacted shoulder. During her deposition, the defendant OB admitted to using downward traction a second time during the delivery. That was not documented in the records.

The defense argued that maternal forces of labor caused the baby’s injury, not the defendant OB.

The baby was seen at three months of age at Children’s National Medical Center in the brachial plexus clinic. An MRI was performed that showed evidence of a C8 nerve root avulsion. A nerve graft surgery was performed at 13 months of age. The baby started physical therapy and occupational therapy shortly after his surgery, which continues to this day.

Plaintiff’s counsel videotaped the testimony of his treating occupational therapist which was played at trial along with several short videos taken during some of his therapy visits to demonstrate his limitations. Despite surgery and years of therapy, the child has permanent limitations in the function of his right arm, hand and fingers.

Melissa G. Ray, counsel for the plaintiff, provided case information.

[025-T-141]