Mother files birth injury lawsuit claiming negligence caused child’s brachial plexus injury

A birth injury lawsuit has been filed by a mother who claims that negligence on the part of a certified nurse midwife caused her baby to experience a brachial plexus injury. The lawsuit was filed against a health care clinic funded by the federal government, so the United States of America is named as a defendant.

According to the lawsuit, medical personnel failed to properly manage the delivery, and did not properly take into account the risk factor that the mother suffered from gestational diabetes. The lawsuit seeks $2.5 million in damages.

The lawsuit alleges that the plaintiff was admitted to the healthcare clinic in 2013 for labor induction. In order to induce contractions and expedite the labor, Pitocin was administered and gradually increased. The certified nurse midwife performed an examination, but did not take fetal weight into consideration, the lawsuit claims.

Medical records reflect a manually assisted vaginal delivery, and show that the baby experienced shoulder dystocia. According to the lawsuit, the baby weighed almost nine pounds at birth and had limited arm movement and facial bruising.

According to the lawsuit, an examination later showed that the baby had suffered an injury to the brachial plexus nerves, which affect the movement of the shoulders, arms and hands.

The lawsuit claims that the baby may suffer permanent disability, and has been referred for occupational and physical therapy, and possible reconstructive surgery.

The lawsuit seeks damages for physical impairment, pain and suffering, loss of earning capacity and mental anguish.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit

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