An Oklahoma jury has awarded $1.8 million to a young child and her family as a result of an injury she suffered during birth.
The jury determined that the doctor delivering Chaylee in 2008 inadvertently ripped and ruptured nerves in her left shoulder, making her left arm essentially useless. The lawsuit claims he made two mistakes: His choice to use a vacuum delivery was, in the eyes of some, his first mistake. They say it was unnecessary given the relatively good health of the baby in utero. The other mistake happened when Chaylee became stuck behind her mother’s pelvic bone and the doctor pulled down on her head in an attempt to free her.
An injury like Chaylee’s can severely limit the advancement of the fine motor skills children develop when they are young. For Chaylee, the severity of her birth injury makes it unlikely she will ever have significant use of her arm.
Also considered in the decision was the social stigma that Chaylee will likely face due to her obvious deformity.
Of the $1.8 million award, $1.2 million represents past and future medical bills, as well as potential lost wages. The remaining $600,000 was awarded for pain and suffering.
Cappolino Dodd Krebs LLP – birth trauma attorneys
