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Landmark Case 20 Medical Malpractice

Medical Malpractice

Settlement: $300,000
Attorneys: Charles Cooper/Robert Schall
Facts: On February 27, 2006, a 9-month-pregnant woman presented to a major metropolitan Philadelphia hospital in the initial stage of labor and during delivery of her child by a nurse midwife using a birthing chair, the child was delivered with a brachial plexus injury and Erb’s palsy to his right arm. The mother of the child claimed that the child’s shoulder had become stuck during delivery which was refuted by the nurse midwife, who argued that the child’s injury was caused the intrauterine forces of labor.

Cooper & Schall, P.C. argued that the nurse midwife failed to perform appropriate maneuvers to prevent injury to the child’s shoulders and the nurse midwife settled prior to trial after a lawsuit was filed by Cooper & Schall, P.C.