Parents file Erb’s palsy lawsuit against Florida federal hospital staff

A couple filed a birth injury lawsuit on July 10, alleging that their son developed Erb’s palsy following a long and difficult childbirth due to the negligence of hospital personnel.

The lawsuit states that the midwife, obstetrician and several nurses at the federally managed Family Health Centers of Southwest Florida, Inc. deviated from accepted standards of medical care during the delivery process, resulting in severe and permanent damage to their child.

According to the lawsuit, the mother’s prenatal weight gain put her at a heightened risk for gestational diabetes and macrosomia, increasing the likelihood of delivering a larger-than-average baby. The plaintiffs allege that the hospital staff failed to adequately prepare for the birth of the child. The resulting Erb’s palsy, a form of brachial plexus paralysis, could have been avoided through a C-section delivery or by putting additional safety measures in place, they said.

The mother underwent childbirth at the hospital in 2013. According to the lawsuit, it took nearly 10 minutes to deliver the baby’s shoulders after the head was delivered. In addition, he weighed almost two pounds more than the pre-birth fetal sonogram had estimated. Following the birth, the newborn was transferred to intensive care for 26 days, where he suffered seizures and other problems.

The lawsuit is seeking in excess of $12 million in damages to cover the treatment costs of the child as well as to account for the pain and suffering endured by the parents due to the alleged medical oversights. He will also likely require surgery in order to regain the full use of his shoulder and arm.

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.