A Hartform Superior Court on Tuesday awarded a $2.69 million award to a mother and her 4-year-old son, determining an obstetrician was liable for nerve injuries the child suffered during child birth. This may be the largest medical malpractice verdict in Connecticut for this type of childbirth injury.
As a result of nerve injury suffered during delivery, the child now is unable to raise his right hand over his head. He has contractures at the elbow and shoulder joint, not being able to be fully straightened. This type of nerve injury is referred to as Erb’s Palsy.
The lawsuit was based on the premise that the obstetrician failed to properly assess that the mother had a small pelvis, failed to properly assess the pre-birth size of the fetus, and used a vacuum extractor rather than performing a Caesarean section when the baby become lodged.
The Super Court Judge added an addition $800,000 to the award in interest as the obstetrician had rejected a $1 million offer for settlement two years earlier. The total award is listed at $3.49 million.