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$1.85M Settlement in Pennsylvania Erb’s Palsy Case

Attorneys John M. Dodig and Jason A. Daria secured a $1.85 million settlement for a child who sustained Erb’s Palsy as a result of a second-year medical resident’s failure to recognize and properly manage a shoulder dystocia during childbirth.

The resident admitted during his deposition that if he had he recognized the shoulder dystocia condition, he would have been required to inform the attending physician so that the attending physician could take over and continue the delivery. In proceeding with the delivery, the resident applied excessive traction to the baby’s head.

The child will require continued medical treatment throughout her life, including psychological treatment, and will suffer from a loss of earning capacity due to her physical limitations.