Facts

Plaintiff Shenika McGlory and her child filed suit against defendant OB/GYN Dr. Thomas Cachur in connection with the birth of her daughter, who was born with an Erb's palsy in her right arm.

PLAINTIFF'S CONTENTIONS:
Plaintiff, 34, alleged that OB/GYN Dr. Thomas Cachur provided negligent prenatal care and negligent care during her labor and delivery. She alleged that Dr. Cachur failed to inform her that she was at high risk for shoulder dystocia and failed to offer a cesarean section despite her multiple risk factors for shoulder dystocia including a large baby, gestational diabetes, size versus dates discrepancy, excessive pre-pregnancy weight, excessive weight gain during pregnancy, and that the fetus was large for gestational age. She also alleged that Dr. Cachur negligently applied excessive traction on the baby's head during the delivery after shoulder dystocia was encountered.

Plaintiffs contended Dr. Cachur failed to recognize risk factors for shoulder dystocia toward the end of plaintiff's prenatal care, and failed to warn plaintiff mother of increased risk for shoulder dystocia during labor. Plaintiffs contended defendant negligently failed to offer cesarean section and negligently performed the maneuvers necessary to dislodge the baby's impacted right shoulder.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff mother was not at high risk for shoulder dystocia and therefore the standard of care did not require him to inform plaintiff mother of risks. Defendant denied applying excessive traction on the baby's head while attempting to deliver the baby's shoulders after the shoulder dystocia was encountered.

Settlement Discussions

Shenika McGlory demanded $69,999, and Exodus Shareef demanded $249,999. Defendant offered a dismissal in exchange for waiver of costs.

Damages

Plaintiffs asked for $2.6 million for child and $250,000 for mother.

Injuries

Minor plaintiff suffered Erb's palsy. McGlory suffered negligent infliction of emotional distress (direct victim).

Result

The jury found in favor of the defense.

Other Information

FILING DATE: Oct. 1, 2014.

Deliberation

three hours

Poll

9-3

Length

seven days