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Posted On: August 31, 2010

$56 Million Shoulder Dystocia Verdict Appealed

Aboutlawsuits.com is reporting that a hospital will appeal a $56 million New York Supreme Court jury verdict awarded to a young boy, now seven, who suffered severe injuries during birth. According to the report, during delivery, the infant’s shoulder became impacted against his mother’s pelvic bone, causing a shoulder dystocia.

When shoulder dystocia occurs, it is crucial for labor and delivery staff to take immediate action to reduce harm to the baby. There are a number of maneuvers that practitioners should know to help decrease the risk of serious injury when dystocia occurs. However, if these maneuvers are performed incorrectly, infants can suffer serious birth injuries. In this case, the jury determined that the obstetrician and hospital staff failed to alleviate the shoulder dystocia in a timely manner, causing the newborn to suffer brain injury and nerve damage. The boy now lives with developmental delays and his speech is impaired.

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Posted In: Shoulder Dystocia, Verdicts and Settlements

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Posted On: August 12, 2010

Jury Awards Birth Injury Victim $510,000

Xzavier Hyman, a four year old child from Staten Island, was recently awarded $510,000 in a Medical Malpractice action against the obstetrician-gynecologist responsible for delivering him.

Xzavier’s mother, Ms. Spicer, was going through a difficult birth so Xzavier’s doctor, Dr. Paul Heltzer, ordered the use of Pitocin, a drug which helps speed up delivery by inducing contractions, to help her along in the birthing process. Pitocin is commonly used for women who are having difficulty delivering their child. However, Dr. Heltzer made the mistake of administering the drug for too long which put stress on Xzavier’s brain, causing three or four strokes and three seizures within 10 hours of his birth.

Xzavier’s attorney’s successfully argued that Ms. Spicer was kept too long on Petocin, and her relentless contractions stressed Xzavier. Additionally, they argued that a Caesarean operation should have been performed several hours before Ms. Spicer gave vaginal birth to Xzavier. If these steps were taken, Xzavier’s injuries could have been avoided.

The delivery, and subsequent stokes and seizures, left Xzavier with permanent injuries. Xzavier still suffers from some speech and fine motor skill deficiencies, the gap in IQ between him and his peers has continued to widen, and his life expectancy was cut approximately six years.

Both Xzavier’s mother and attorney expressed joy that the verdict came down in their favor, but disappointment that the award was not higher. Many birth injury malpractice cases award damages far greater than the $510,000 that Xzavier received. Much of this is based on the ongoing medical bills that a child will face as he ages because of the injury.

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Posted In: Birth Injury Trial, C-Section Delay, Lack of Oxygen to Fetus, Legislation, Medical Malpractice Lawsuit, Verdicts and Settlements

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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