Birth Injury Verdict Upheld

A $900,000 birth injury verdict has been upheld by an appellate court after the court determined that the defendant’s expert did not meet the standard for expert testimony admissability.

The birth injury verdict involved a child who suffered shoulder dystocia after a vacuum-assisted delivery. Dr. Jeffery Wener testified on behalf of the child and argued that Dr. Balink had breached the standard of care in providing prenatal care and delivery services. Dr. Wener testified that this breach of the standard of care ultimately resulted in the child’s brachial plexus injury, which has caused the child to suffer the permanent impairment of his left arm. According to Dr. Wener’s testimony, Dr. Kay Balink, the attending physician who had provided prenatal care and delivered the baby, was negligent in the delivery room for failing to perform an ultrasound for the purpose of estimating the fetal weight.

According to the expert testimony, fetus weight and size is a significant risk factor for shoulder dystocia which causes brachial plexus injury.