Plaintiff Demands $22 Million, Alleges Birth Injury Malpractice

A mother, both individually and on behalf of her minor child, has taken legal action based on allegations of birth injury malpractice. She argues that gross medical negligence on the part of the defendants at the time of her childbirth, caused her infant daughter to suffer extreme physical injuries and permanent disability. The lawsuit was filed against Mount Vernon Neighborhood Health Center, Inc., Elve Laborde, M.D., Gail McDonald-Pearson, M.D. and the United States of America on July 27, 2015.

The complaint, which is pending in the U.S. District Court for the Southern District of New York, states that under the Federal Tort Claims Act, the defendant Mount Vernon Neighborhood Health Center is liable for the alleged actions of their staff as they were acting within the scope of their employment for the United States of America.

Medical malpractice case cites incompetent physicians

The plaintiff, a resident of Queens, NY, argues that Mount Vernon Neighborhood Health Center was negligent on a number of levels. Specifically, the center is accused of engaging “incompetent physicians,” failing to properly train their doctors in obstetrical matters, and failing to maintain competent supervision in obstetrical cases.

Dr. Laborde is charged with failing to properly supervise the plaintiff’s delivery on October 7, 2012, and failing to take over when she noticed that excess pressure was being applied to the baby during labor. It is also alleged that the defendant allowed an unskilled and improperly trained doctor to perform the delivery.

Defendant Gail McDonald-Pearson, M.D. was negligent, incompetent and careless in her services, claims the birth injury lawsuit.

The plaintiff asserts that Pearson deviated from the accepted standard of care in the following actions and inactions:

• Forcing a vaginal delivery
• Inadequately monitoring the plaintiff’s labor
• Applying too much traction on the baby’s neck during delivery
• Failing to order an emergency C-section
• Failing to effectively treat shoulder dystocia
• Failing to protect the baby’s brachial plexus nerves
• Ignoring maternal exhaustion
• Failing to perform timely diagnostic tests
• Failing to render proper obstetrical care and services

Shoulder dystocia creates a dangerous risk for both mother and the baby. This occurs during a vaginal birth, when the baby’s head is delivered, but one or both of the shoulders becomes stuck. In some instances, doctors may inadvertently use too much force or twist the neck too abruptly in their attempts to dislodge the baby, causing damage to the child’s brachial plexus nerves.

Plaintiff demands just compensation for child’s injuries

While the exact nature of the child’s birth trauma is not detailed in the suit, the allegations hint at injury to the brachial plexus nerves, which can leave the affected  arm, shoulder and hand with limited motion and even paralysis. The plaintiff states that her daughter’s injuries have required extensive medical care, treatments and hospitalizations, which are expected to continue in the future.

As a direct result of this alleged medical malpractice, the minor plaintiff has sustained physical injury – both temporary and permanent — as well as pain and emotional anguish. The suit is demanding monetary damages in the amount of $20 million to account for the injuries and mental pain suffered by the child, and another $2 million is sought by the mother for economic losses and loss of her child’s services.

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