Attorney obtained a finding of no negligence in favor of an obstetrician after a 2 ½ week Erb's palsy trial in a medical malpractice case

Attorney obtained a finding of no negligence in favor of an obstetrician after a 2 ½ week Erb's palsy trial in a medical malpractice case. The infant plaintiff, 5 years old at the time of trial, suffered a complete brachial plexus injury (C5, C6, C7, C8, T1) and underwent a corrective surgical procedure in Texas. The injuries to C8 and T1 resolved, leaving permanent injuries to the remaining 3 nerves resulting in permanent loss of motion in the shoulder, elbow and wrist, as well as shortening of the arm, decreased strength, scapular winging and decreased internal and external rotation of her right arm.  Plaintiff alleged that the defendant obstetrician utilized excessive lateral traction in delivering the baby during a shoulder dystocia complication.  The defendant denied that there was any shoulder dystocia complication and contended that the injury resulted from the posterior shoulder becoming hung up on the sacral promontory and then being injured due to the natural maternal forces of labor.  A significant portion of the trial involved competing arguments over the current state of the obstetric literature concerning shoulder dystocia and brachial plexus injuries.