DiGioxxx v. Dr. Lxxx
N/AOUTCOME: $5.5 Million Verdict for brachial plexus injury
The case was tried because the defendant refused to make a fair and reasonable settlement offer. The child was born during a delivery complicated by shoulder dystocia. Plaintiff’s experts maintaine ... d that the permanent injury was caused by the doctor applying excessive lateral traction on the baby’s head after her shoulder was impacted on her mother’s pubic bone. Plaintiff underwent surgery to improve her condition. The Defendant maintained that she never applied excessive traction on the baby’s head and that after properly diagnosing the shoulder dystocia, she easily freed the impacted shoulder by applying appropriate maneuvers. The defendant’s expert opined that there are several causes for brachial plexus injuries other than excessive tractionand that the defendant did not deviate from accepted standards of care. After deliberating for several hours, the jury awarded over $5,5 million. There were no settlement offers made until after the defendant and defendant’s expert testified.