United Brachial Plexus Network, Inc. • Legal question?????
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Legal question?????

Posted: Tue Oct 15, 2002 10:29 am
by Joni
I was wondering if anyone can share with me if they have won or are in the process of a lawsuit where the BP injury occurred but the Doc did not note any shoulder distocia. My daughter did have avulsions and a spinal cord injury, but the doc didn't use any manuveurs to get her out. We do believe she was pulled and was stuck, but our opinions do not matter. Our lawyer told me that our case is based on the fact there is no other explanation than negligence and excessive traction. Has anyone been able to prove malpractice when the delivery didn't involve use of forceps or vacuum? I'd appreciate any input. Thanks P.S. We just had a 2nd baby girl 3 1/2 mos. ago by C-section and she is fine, it was soooo scary!!!!

Re: Legal question?????

Posted: Tue Oct 15, 2002 10:43 am
by Myleah
Hi Joni,
Just sending some information about our three children. ALL my children were shoulder distocia births with none using the vacuum or forceps. The third child has unresolved Erb's Palsy (what the doctors call it) she is now seven. They did however do some sort of maneuver with every birth with bringing my feet up toward way up toward my head and did a lot of yelling "corkscrew", which I understand is some sort of maneuver to twist the baby and bending the legs way up does something to put the pelvis hopefully in a different position. Sorry I don't have any official terms but I wish you luck and hope you get more information.
Myleah

Re: Legal question?????

Posted: Wed Oct 16, 2002 5:02 pm
by Beth
Hi,
We went to trial and won our lawsuit. I delivered my son in 1hr and 58minutes with no vacuum or other devices used. I was induced with Pitocin and had a very rapid 2nd stage of labor. My ob cut the cord before shoulder dystocia was realized and panicked, applied too much upward lateral traction causing my sons injury. That was our argument and the jury agreed. Good luck with you suit.
Beth

Re: Legal question?????

Posted: Thu Oct 17, 2002 12:35 am
by admin
Beth I'm confused. How could he cut the cord when the shoulders were not even out yet much less the belly?

Re: Legal question?????

Posted: Thu Oct 17, 2002 10:08 pm
by admin
Hi Joni,

We just settled our case. We had a tape of the birth. The Dr. said she did an "exagerated McRobert's manuver". My legs never changed position during the untire birth process. They were also the same when I delivered my daughter prior with the same Dr. On the tape she never told the nurses or instructed my husband in any way to move my legs,like she said she did.