Birth Injury Lawsuit Alleges Improper Handling of Shoulder Dystocia

Parents have filed a birth injury lawsuit on behalf of their child, alleging errors in the delivery room led to permanent and debilitating injuries of the child’s left arm. The parents claim that a complication during delivery was not properly addressed, which led to a diagnosis of brachial plexus palsy shortly after birth.

The complaint was filed in U.S. District Court for the Western District of Texas on November 11. In the complaint, the mother plaintiff claims she was admitted to Carl R. Darnall Army Medical Center on January 29, 2013. At the time of her admission, she was just over 40 weeks pregnant and was in active labor.

Shoulder dystocia noted during delivery

The mother plaintiff was in labor for approximately 14 hours when the nurse overseeing the delivery gave her instructions to begin pushing. However, when the baby’s head begins to be delivered, it retracts back into the birth canal, an occurrence known as the “turtle sign.” The turtle sign is an indication of a complication called shoulder dystocia, in which one of the baby’s shoulders becomes stuck behind the mother’s pubic bone.

Shoulder dystocia requires special maneuvers during delivery to gently dislodge the shoulder so the infant can be safely delivered through the birth canal. In some cases, a Cesarean delivery may be required to prevent injury to the child. The mother plaintiff alleges that during this delivery, the nurse failed to apply proper tractive force in a smooth, slow motion to guide the infant through the birth canal.

According to the complaint, these alleged improper maneuvers led to the child’s brachial plexus injury.

About brachial plexus palsy

The brachial plexus is a network of nerves in the neck and shoulder that provide feeling and movement to the shoulder, arm and hand. When those nerves are stretched or torn during the birth process, it can lead to weakness in the limb and loss of motion. The degree of injury can vary significantly, with some infants gradually recovering use of the limb and others experiencing permanent disability.

Prognosis for a brachial plexus injury is usually determined in the early months of the child’s life. If no improvement is seen during the first 3-6 months, the prognosis for mobility and use of the arm is generally poor. The parent plaintiffs in this case claim their son still does not have motor function of his left arm, indicating the potential of a “severe and permanent injury.”

Claim alleges improper maneuvers led to injury

The plaintiffs further assert in their complaint that if proper maneuvers had been performed when shoulder dystocia was noted, the brachial plexus injury would not have occurred. In addition, the plaintiffs noted in their complaint that a properly-trained physician was not present to oversee the birth of their son, even when the complication of shoulder dystocia was noted.

The plaintiffs have listed medical negligence counts in their lawsuits against both the nurse that oversaw the birth, as well as Carl R. Darnall Army Medical Center, where the birth took place. They are seeking compensation for past and future medical expenses, pain and suffering, mental anguish and other damages.

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