Professional Negligence Law Reporter

Doe was admitted to a hospital at 39 weeks gestation. Doe, who had previously delivered four children who weighed over nine pounds, proceeded with a vaginal delivery. After the baby’s head was delivered and shoulder dystocia was allegedly encountered, the attending obstetrician allegedly applied downward traction on the baby’s head. An attending nurse allegedly placed Doe in the McRoberts position while another allegedly applied suprapubic pressure before the obstetrician allegedly applied more downward traction to deliver the baby. When this was unsuccessful, the obstetrician performed a rotational maneuver, which released the baby’s shoulder and allowed her to be delivered.

Doe’s daughter suffered permanent injuries at C5-8. She underwent nerve grafting surgery, which revealed nerve root avulsion. Now 8, she suffers from impaired range of motion and has difficulty with activities of daily living. Surgery or therapy will not improve her injuries.

The child and Doe and her husband sued the obstetrician, alleging mishandling of shoulder dystocia. The plaintiffs asserted that the defendant had applied excessive traction instead of gentle traction and negligently applied traction before the baby’s shoulder was released. The defense argued that the child’s injuries resulted from maternal forces of labor, that shoulder dystocia was an unpredictable emergency event, and that no more than gentle traction was applied.

The parties settled for $900,000.

Citation: Doe v. Roe, Confidential Dkt. No. (Va. Confidential Ct. July 7, 2020).

Plaintiff counsel: AAJ members Charles J. Zauzig III and Melissa G. Ray, both of Woodbridge, Va.