A federal birth injury lawsuit has been filed by a Florida mother whose baby suffered a brachial plexus injury during delivery.
The lawsuit was filed in U.S. District Court for the Middle District of Florida against the healthcare clinic where the baby was born. The lawsuit alleges that a certified nurse midwife (CNM) made several medical errors during the delivery, which caused the child’s injuries.
According to the lawsuit, the mother was admitted to Gulf Coast Medical Center in 2013 for labor induction, and medical personnel administered Pitocin to the mother to induce contractions and expedite the labor process. Medical records indicate that the CNM performed a manually assisted delivery and a midline episiotomy. According to the lawsuit, the child suffered from shoulder dystocia and an injury to the brachial plexus nerves, resulting in no movement of the left arm and limited movement of the right arm.
The lawsuit alleges that medical personnel failed to estimate fetal weight, failed to ascertain risk factors, rushed the delivery, used excessive force during delivery and failed to perform a cesarean section delivery. The mother claims that her gestational diabetes made fetal macrosomia (excessive birth weight) and shoulder dystocia more likely, and medical personnel failed to take those risk factors into account.
The lawsuit seeks damages for pain and suffering, mental anguish, physical impairment, loss of the capacity for the enjoyment of life, loss of earning capacity and medical expenses.
It is important to note that determining fault can be more complicated than it might seem. If your child was injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.