Confidential

Facts

This medical malpractice action arises as a result of a birth injury to plaintiff Arianna Ruiz which occurred during her delivery on Dec. 10, 2002 by defendant doctor. After Arianna's head delivered without incident, the child's shoulder became "hung up" in his mother's pelvis. This condition is known as shoulder dystocia and is a complication that is routinely relieved by the performance of certain maneuvers which free up the shoulders and permit the baby's body to deliver safely and without injury.

A claim was also brought on behalf of Arianna's mother, Breanne Hanna, who, during the delivery of her child contemporaneously observed the panic and fear in the face of defendant doctor and the chaos in the delivery room. She sought damages for emotional distress.

PLAINTIFFS' CONTENTIONS:
When the rest of Arianna's body failed to deliver spontaneously, defendant doctor, who should have recognized the presence of shoulder dystocia, a condition where one or both shoulders of the fetus become trapped behind the mother's pelvis, panicked and applied excessive traction to the baby's head that tore the nerves that enervate the arm and shoulder. As a result, plaintiff Arianna Ruiz sustained a severe injury to her right shoulder and arm which has been diagnosed as Erb's palsy.

DEFENDANT'S CONTENTIONS:
The defendant alleged that the defendant doctor was at all times in compliance with the standard of care and that the "natural forces" present within the mother's uterus caused the injury.

Settlement Discussions

Plaintiff Arianna Hanna demanded $600,000. Plaintiff Breanne Hann demanded $100,000.

Damages

Present value of future earnings loss: $471,384. Present value of future vocational costs: $175,776.

Injuries

After undergoing surgery, Arianna's condition has not significantly improved. She is left with a severe injury which is both disfiguring and disabling. She will experience psychological trauma as a child and adolescent and will be disadvantaged in seeking employment and in her activities of daily living.

Result

Settlement: $500,000.

Other Information

PLEASE PROVIDE THE SETTLEMENT DATE