When shoulder got stuck, resident pulled head too hard, plaintiff contends
On Dec. 28, 2007, plaintiff, who was 37 5/7 weeks’ pregnant, went to defendant with complaints of flu-like symptoms of fever, chills, nausea, vomiting and cough, in addition to foot swelling.
As her conditions improved, there was discussion of induction. After evaluation on Dec. 31, the physician initiated a plan to induce labor. An intern in his sixth month and an OB resident were left to attend Bryson, while the physician left for New Year’s Eve.
At approximately 9:12 p.m., the fetus’s heart tones worsened with minimal or absent beat-to-beat variability with repetitive, late decelerations and variable decelerations present. No action was taken by the obstetrical staff until approximately 3 a.m. Jan. 1, 2008.
The delivery notes of all who wrote them describe a “severe shoulder dystocia” — the shoulder being stuck at the pubic symphysis during delivery — and indicate the series of maneuvers employed to affect delivery.
Plaintiff asserted that the intern had his hands on the 8-pound, 8-ounce baby’s head when the dystocia was discovered, while the staff obstetrician and the OB resident were “supervising” at that point.
Defendants’ records confirm the baby’s right arm being flaccid. Subsequent evaluation showed a complete severing of the nerves, with an Erb’s palsy, rendering the arm and shoulder muscles virtually useless.
Plaintiff’s minor has required ongoing physical and occupational therapy since age 1 month. She is visibly disfigured, with a brace needed to be worn nightly to keep her arm straight as she sleeps.
Plaintiff contended that excessive traction on the baby’s head occurred in the inexperienced hands of the intern, but that the physicians in attendance and the physician who had left for New Year’s Eve also were responsible.
In addition, a C-section had not been offered to the diabetic plaintiff, which, along with the baby’s size, increased the risk of shoulder dystocia when delivering the baby vaginally.
Defendant asserted that the injuries occurred because of the natural child birth process, and were unrelated to any actions of the physicians.
Type of action: Medical malpractice, birth trauma
Type of injuries: Shoulder dystocia/brachial plexus, Erb’s palsy
Court/Case no./Date: Genesee County Circuit Court; 10-92893-NH; Sept. 27, 2013
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