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Lawsuit Underway Following Rare Medical Procedure During Birth


As the lawsuit continues in the Washington County, West Virginia, Common Pleas Court, attorneys for the parents of a 9-year old girl who lost the use of her right arm allegedly by the doctors who delivered her, are questioning the expert witnesses, a NY Birth Injury Attorney is covering. One of the latest of the expert witnesses has testified that the nurses failed to follow established protocol that led to the delivery being rushed. This same expert witness went on to add that given the size of the infant, the doctors should have opted for a Cesarean section over a vaginal delivery.

Sources tell the researcher that the problem the attending nurses caused was they administered drugs that caused the mother’s delivery to speed up by increasing her contractions and did not notice the ensuing problem. By the time one of the accused doctors came back into the room, the baby was in distress and needed to be delivered right away. However, by this time, the baby had already become lodged in the birthing canal and due to her size, vaginal birth could not be continued.

It was at the point, the expert testified that the accused doctor attempted four or five different maneuvers before choosing to use a “once in a lifetime” maneuver. He called this a once in a lifetime maneuver due to the rarity that it is used. The maneuver is known as the Zavanelli maneuver, which is a procedure that involves the doctor pushing the fetal head back into the birth canal. The procedure is performed when the baby’s shoulders are too wide to slip through the birth canal and to prepare the baby for a C-section. The expert witness added that this procedure might never need to be used even in about 30,000 to 40,000 deliveries, a NYC Birth Injury Lawyer was told.

Attorneys for the parents and the 9-year old girl allege that by using the Zavanelli maneuver which is used in many places such as The Bronx and Westchester County and other factors had placed too much pressure on the infant’s neck, which caused nerve damage and paralysis in her right arm.

According to court documents, the lawsuit is seeking $800,000 to $900,000 for their daughter’s future medical expenses, as well as $1 million to $1.7 million in projected loss of income and unspecified pain and suffering damages.

If you are in need of a skilled and dedicated birth injury attorney, contact a New York Birth Injury Attorney today. Do not let a physician’s poor judgment go unreported. Consult with a NY Birth Injury Law Firm and find out what options you may have. The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in N York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.

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