$22.1M SETTLEMENT catastrophic brain injury due to a defective product $6.5M SETTLEMENT catastrophic catastrophic personal injury case settled in federal court $5.0M SETTLEMENT catastrophic car accident involving a defective tire $3.0M VERDICT catastrophic defective tire case - Bridgestone + Ford $2.2M SETTLEMENT catastrophic pedestrian accident resulting in a pelvic injury $1.0M SETTLEMENT catastrophic automobile accident fatality case $1.0M SETTLEMENT catastrophic defective tire accident resulting in a brain injury
Espanol
(855) 529-0269

Lawsuit alleges negligence in causing Erb’s palsy

Posted on

The parents of a baby born in 2013 filed an Erb’s palsy lawsuit alleging that their infant son will suffer neurological damage and be disabled for the rest of his life due to the negligence of physicians and the attending midwife at his birth, at Family Health Centers of Southwest Florida.

The birth injury lawsuit states that the child will need surgery to treat severely torn brachial plexus nerves, which caused Erb’s palsy, a kind of injury marked by paralysis of the shoulders, arms, hands and fingers. As a result of oxygen deprivation during delivery, the child will most likely suffer developmental delays.

Find a Personal Injury Lawyer, Near Me

(855) 529-0269

It was anticipated that the delivery would be “high-risk” because the mother’s diabetes and weight gain during the pregnancy. This increased the chances of a delivery with complications. The parents allege that the physicians and midwife deviated from the reasonable standard of care. Furthermore, the lawsuit mentions that midwife Gallagher used too much force on the baby’s head during the delivery, and, as a result, the baby suffered a brachial plexus injury.

The lawsuit is requesting damages in the amount of $10 million for the child, and $2 million for each parent. The amount of damages is based on the medical bills, therapeutic treatments, loss and suffering that the child and both parents may experience for the rest of the child’s life. The complaint states that a child with such a degree of brain damage is likely to experience disability; physical, mental and emotional pain and suffering; and will have a decreased ability to enjoy life.

Click to contact Chalik & Chalik's personal injury lawyers today

If your baby suffered a birth injury, such as Erb’s palsy, you may be able to file a medical malpractice lawsuit against the doctor or other health professionals who treated your child. Call the Fort Lauderdale birth injury lawyers at Chalik & Chalik Injury Lawyers for a free consultation.

Call or text Chalik & Chalik

(855) 529-0269
Birth Injury Videos:
Video causes of fetal macrosomia Causes Of Fetal Macrosomia
debbie chalik video thumbnail Advanced Maternal Age and Birth Defects
Video birthing a macrosomic large fetus baby Birthing A Macrosomic (Large Fetus) Baby
Video signs symptoms of erbs palsy Signs & Symptoms Of Erb’s Palsy
Birth Injury News:
Family Wins Nearly 5 Million Dollars in Birth Injury Lawsuit

A family was awarded more than $4.8 million in a medical malpractice case arising from a birth injury that occurred over a decade ago. Guerline Cherenfant Jean, Loheirson Jean and their 14-year-old daughter filed the lawsuit in 2004 against a Fort Lauderdale midwife and doctor. Circuit Judge Michele Towbin Singer presided over the five-day trial...

Erb’s Palsy Lawsuit Alleges Negligence on the Part of Hospital and Staff

A woman from Lake Worth, Florida, filed a personal injury lawsuit against her obstetrician/gynecologist and the staff at Bethesda Memorial Hospital. She alleges that they neglected to use the required level of care, skill and treatment at the time of her delivery. As a result of their negligence, her child suffered a brachial plexus injury,...

Children With TBI May Develop Attention Problems, Says Study

Brain damage is among the most serious birth injuries a baby can suffer. It can be caused by head trauma during the delivery process due to oxygen deprivation and decreased blood flow to the baby’s brain. Brain trauma can affect a child’s ability to grow and develop normally, impacting their entire life. A new study...

Cerebral Palsy is Among the Most Common Birth Injuries

Cerebral palsy is one of the most common conditions that can be caused by birth injuries, occurring in 2.1 of every 1,000 live births. When it occurs as the result of negligence on the part of medical personnel, the parents may be entitled to compensation through a birth injury lawsuit filed against the medical providers....

Birth Injury Blog Posts:
It doesn’t seem fair. Parents and Cerebral Palsy Diagnosis

It doesn’t seem fair. Why did your baby suffer cerebral palsy? Why your family?  Sadly, there are some things in life that go unanswered and just don’t make sense. Although we know why this Florida birth injury occurred – due to negligent doctors – it still doesn’t make you feel any better. Many parents of...

Like any birth injury, the seriousness of Erb’s palsy depends on the severity of the underlying injury. Understanding Erb’s Palsy

How serious is Erb’s Palsy? Like any birth injury, the seriousness of Erb’s palsy depends on the severity of the underlying injury. The effects may be temporary, or the child may experience them for the rest of his or her life. Contacting a Florida Erb’s Palsy attorney can be extremely beneficial to both you and...

Approximately two to five out of every 1,000 births result in brachial plexus injuries, such as Erb’s Palsy, according to the United Brachial Plexus Network. Helping Your Child Cope with Erb’s Palsy

Approximately two to five out of every 1,000 births result in brachial plexus injuries, such as Erb’s Palsy, according to the United Brachial Plexus Network. Erb’s palsy symptoms vary in degree from baby to baby and can rob children of many milestones. As your child gets older, he or she will need answers about the...

The long-term effects of Erb’s palsy depend on the severity of the underlying nerve injury and the use of skilled medical intervention. The Possible Long-Term Prognosis of Erb’s Palsy in Florida

The long-term effects of Erb’s palsy depend on the severity of the underlying nerve injury and the use of skilled medical intervention. Some patients will experience no permanent effects, while others face a lifetime of physical limitations. Parents may choose to pursue a birth injury claim in cases where a doctor’s negligence caused Erb’s palsy....

Birth Injury FAQ:
Options When Your Baby Suffers Birth Injuries What Are Your Legal Options When Your Baby Suffers Birth Injuries In Florida?

Your legal options when your baby suffers birth injuries in Florida may include filing a medical malpractice lawsuit for the injuries depending on the circumstances of your case. You might be eligible for compensation if medical malpractice is to blame for your newborn’s birthing injuries. Examples of Medical Malpractice There are many things that can lead to...

Baby in ICU1 What Are Some Examples Of Birth Trauma Injuries?

Trauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include: Broken or fractured bones Infections Cerebral Palsy Brain trauma Skin lacerations Brain swelling Lack of oxygen Neurological disorders Some of these birth injuries, like a lack of oxygen or bruising, may go away over time....

Is Erb's Palsy Curable Is Erb’s Palsy Curable?

There is no one single cure for Erb’s palsy. The likelihood of recovery depends on the severity of the underlying injury. Proper medical and therapeutic care may remedy the effects of the injury or lessen the long-term impact. Unfortunately, the effects may be permanent in the most severe cases of nerve damage. Common Erb’s Palsy...

What is the burden of proof What is the burden of proof in an Erb’s palsy case in Florida?

The burden of proof in an Erb’s palsy case dictates that a plaintiff – in this case, the injured child’s parents – must prove his or her case based on evidence presented. Essentially, this means the victim must prove the doctor or hospital was at fault versus the doctor or hospital proving they were not...