Yajaira Vivar was born in 2001. He was born with the assistance of an OB/GYN from St. Bamabas Hospital in the Bronx. That’s not too unusual of a story to hear. However, the story here involves a delivery that lasted a short sixty seconds but the child was in danger when the physicians discovered that the labor had resulted in dystocia. This is a simple condition where the mother’s pubic bone traps one of the baby’s shoulders.
Because of the dystocia, the doctors applied pressure and then used two generally accepted procedures, the McRoberts maneuver and a Wood’s corkscrew maneuver. Ultimately the baby suffered an injury of her brachial plexus, which comprises the nerves that move the arms and shoulders. Yajaira suffers from Erb’ palsy which is paralysis of muscles and nerves of an arm. The mother sued the two obstetricians who were handled the delivery. Her case as presented by a New York Medical Malpractice Lawyer basically indicated that the physicians failed to properly perform the delivery and thus malpractice was an issue and the doctor’s were deemed liable for these actins.
Once the trial ended in court, New York Medical Malpractice Lawyers indicated that the baby’s injury was caused by extensive stretching of the cervical vertebrae and the brachial plexus. The mother’s obstetrics expert also indicated that extensive pressure would cause such an injury. The jury was informed that only one doctor could be found liable. The hospital indicated that thee two doctors were not employees of the hospital and asked for a dismissal. The hospital’s request was granted and the trial proceeded against the physicians. The physicians indicated that the situation revolving around the child’s birth was a time-sensitive one which called for a quick response. The doctor’s testified and in the end, they provide conflicting accounts of which doctor performed the maneuver.
In the end, the parties negotiated a settlement for $1,875,000.
The firm of Stephen Bilkis & Associates and its New york Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area including Levittown, N.Y. can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.