Professional Negligence Law Reporter

Ashley Bryant allegedly requested a cesarean delivery for her son, who was large for his gestational age. Her alleged request was denied, and she proceeded with a vaginal delivery. During the delivery, shoulder dystocia occurred. The baby, who weighed more than 12 pounds, suffered a fractured right arm and a brachial plexus injury to his left shoulder. Now 9, his left arm does not have full range of motion and is smaller than his right arm. Bryant suffered a stage 4 vaginal tear and now experiences pain during intercourse, a condition that may be permanent.

Bryant, individually and on her son’s behalf, sued the United States, alleging that its doctors failed to perform a cesarean delivery to avoid shoulder dystocia and a brachial plexus injury.

The parties reached a structured settlement in the amount of $2.1 million.

Citation:  Bryant v. United States, No. 1:15-cv-00917 (W.D.N.Y. Sept. 28, 2022).

Plaintiff counsel: AAJ member Laraine Kelley, Buffalo, N.Y.