A New York jury awarded $485,000 in a medical malpractice lawsuit to a 4-year-old child who suffers from a mild palsy as a result of an injury that occurred at birth. Jayden Bennet sustained an Erb’s palsy of his right arm during the first two years of his life. The condition limited the arm’s strength and mobility.
Jayden’s mother, Lizzette Cain, asserted the claims on behalf of her son. She contended that the palsy was caused by traction applied to the boy’s head during delivery. The traction was applied to relieve entrapment of his right shoulder. Ms. Cain further argued that a Caesarean delivery was the more prudent option given the child’s size. The delivering obstetrician countered that due to the totality of the signs and symptoms present, a vaginal delivery was appropriate.
VerdictSearch.com, June 3, 2010.