The family of a baby who suffered nerve damage and permanent paralysis was awarded $4.5 million in a personal injury disfigurement lawsuit accusing the OBGYN of using excessive force.
According to the personal injury disfigurement lawsuit, the doctor used excessive force to deliver the baby boy who was stuck on the mother’s pelvis, resulting in disfiguring injuries including nerve damage in his shoulder and permanent paralysis of his arm.
After four years of litigation, a seven-day trial and three hours of deliberation, a Delaware jury awarded the family $4.5 million for pain and suffering, disfigurement and noneconomic damages. The baby boy is now nearly 10 years old.
The mother alleged in the personal injury disfigurement lawsuit that the OBGYN failed to warn her of the risks during the delivery and she would not have agreed to the procedure if she had known. Her son suffered nerve damage in his shoulder, known as a brachial plexus injury, along with Erb’s palsy. The lawsuit claimed medical negligence.
The attorney for the family voiced concerns that the case took nearly 10 years. He said the family did not understand why the insurance company for the doctor refused to participate in mediation or any attempts to settle the case.
“They couldn’t understand why there was no resolution,” the attorney told Law360. “There were numerous efforts made by plaintiff’s counsel to reach an amicable settlement of this case, which has ended nine-and-a-half years after the baby was born. The insurance company refused to make any offer whatsoever and despite the fact that the court had ordered mediation, they even refused to participate in that.”
However, under Delaware state law, the doctor’s insurance company will have to pay an additional $1.5 million in interest, noted the family’s attorney.
The Personal Injury Disfigurement Lawsuit is Case No. N14C01185, in the Superior Court of Delaware, New Castle County.
Disfigurement and Personal Injuries
Erb’s Palsy and other birth injuries can go on to affect a child for the rest of their life. Disfigurement in particular can take a toll on a person’s self-esteem, job prospects, and relationships. When disfigurement or other catastrophic personal injury occurs at birth, a child is left with a lifetime of coping.
When these injuries are caused by the negligence or recklessness of another, it can be devastating to the entire family. Families can face extensive medical bills and continued care for the disfigured child potentially throughout their lifetimes.
If you or a loved one have been disfigured due to medical malpractice or other event, it is important to consider your legal options. An experienced personal injury attorney can help you decide whether legal action is the right course to compensate you for additional medical bills, pain and suffering, and potential future losses.
Doctors and medical centers have insurance companies and attorneys who will make it hard for you to get the compensation you deserve in these terrible situations. The experienced personal injury attorneys at Bradley/Grombacher will be on your team.
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