New York Birth Injury Malpractice Lawsuit Seeks $6 Million In Damages

A $6 million New York birth injury malpractice lawsuit that was filed in an NYC court on October 12, 2012 is moving forward. Fact discovery in the case, filed against the Orange Regional Medical Center, is due by August 15, and expert discovery is due on December 15. Judge Sarah Netburn will preside over the case, which will appear before a jury later this year. The plaintiffs allege that preventable medical negligence and error resulted in serious birth injuries sustained by their newborn.

What is a brachial plexus birth injury?

A baby born to a New York couple on July 30, 2011 at the Orange Regional Medical Center suffered a brachial plexus injury during the delivery. The brachial plexus is a stretch of cervical nerves running from the spinal cord, through the clavicle bone, to the arm. This type of injury causes the medical injury known as “Erb’s Palsy,” where the infant’s arm turns inward and cannot move normally. Two out of every 1,000 babies have this condition, which is often caused when an infant’s head is stretched to the side during delivery.

Most newborns can recover from this injury on their own, but it could take up to two years with regular physical therapy and medical treatment. Some babies will continue to suffer weakness, numbness and limited mobility in the affected arm for the rest of their lives.

Charges filed in the New York birth injury malpractice lawsuit

The residents of Pine Bush, NY say the medical practitioners delivering the baby used “excessive and improper traction during delivery,” and that they “failed to use proper techniques to perform a traumatic delivery in the presence of shoulder dystocia.”

The plaintiffs’ brachial plexus injury lawyer stated that, “In failing to perform a timely C-section” the attending physician caused the child’s Erb’s Palsy. The Defendant is being charged with negligence and malpractice.

A claim was submitted to the Department of Health and Human Services, but the claim was denied by the Defendants. Therefore, the Plaintiffs are seeking $5 million in compensation to cover medical expenses and emotional duress caused by the negligent delivery. Through their brachial plexus injury lawyer, they are also seeking $1 million in compensation for the injured baby.

Are you a victim of medical malpractice?

New Yorkers who have been victimized by medical malpractice, whether resulting in birth injury or another type of injury, are invited to contact The Sanders Firm for a free, no-obligation consultation.

Our trial attorneys have more than 45 years of experience in fighting for New Yorkers who have suffered injury, disability, and wrongful death due to the negligence of healthcare practitioners. We have brought cases on behalf of our clients in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and Long Island.

It can be very difficult to go up against a large medical facility in court, since hospitals have access to the best lawyers and a wealth of resources to fight medical malpractice claims. To win a New York birth injury malpractice lawsuit, it’s necessary to have an experienced New York medical malpractice attorney on your side. Call 1-800-FAIR-PLAY (800.324.7752) to seek the justice you deserve. Resources

  1. Mayo Clinic, Brachial plexus injury,