Case details
Mother not at high risk for baby suffering birth injury: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
brachial plexus, diabetes, emotional distress, mental, neurological, psychological, right arm, right shoulder
FACTS
On Oct. 6, 2013, plaintiff Shenika McGlory, 34, gave birth to plaintiff Exodus Shareef, who was delivered by Dr. Thomas Cachur Jr., an OB-GYN at California Hospital Medical Center, in Los Angeles. However, Exodus was born with Erb’s palsy due to a brachial plexus injury of the right arm, caused by shoulder dystocia during birth. McGlory, acting individually and on behalf of Exodus, and Exodus’ father, Haseen Shareef, sued Cachur and the operator of California Hospital Medical Center, Dignity Health. Shareef was not a plaintiff at the time of trial and Dignity Health (which was erroneously sued as California Medical Center) was ultimately dismissed from the case. Thus, the matter continued against Cachur only. Plaintiffs’ counsel argued that Cachur provided negligent prenatal care, and negligent care during McGlory’s labor and delivery. Specifically, counsel contended that Cachur failed to inform McGlory of the risks of shoulder dystocia in light of her diagnosis of gestational diabetes, the fetus having large measurements for its gestational age during last five prenatal visits, and McGlory’s 37-pound weight gain, resulting in her weighing 214 pounds on admission. Additionally, plaintiffs’ counsel argued that Cachur negligently managed the shoulder dystocia by applying excessive traction on Exodus’ head during the delivery, after the shoulder dystocia was encountered, and that Cachur negligently performed the maneuvers necessary to dislodge Exodus’ impacted right shoulder, all of which caused Exodus’ permanent brachial plexus injury. Cachur denied applying excessive traction on Exodus’ head while attempting to deliver Exodus’ shoulders after the shoulder dystocia was encountered. In addition, defense counsel contended that McGlory was not a high risk for her child sustaining shoulder dystocia and that, thus, the standard of care did not require Cachur to inform McGlory of the risks., Exodus sustained a brachial plexus injury of the right arm due to shoulder dystocia and now suffers from Erb’s palsy. At the time of trial, she was 2 years and 11 months old. McGlory, as the direct victim and mother, claimed that Cachur’s actions constituted negligent infliction of emotional distress. Thus, McGlory sought recovery of Exodus’ past medical costs, $23,000 in future medical costs, and an unspecified amount of damages for Exodus’ past and future pain and suffering. She also sought recovery of damages for her own emotional distress. In total, plaintiffs’ counsel asked the jury to award $2.6 million for Exodus and $250,000 for McGlory.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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