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Structured Settlement for Birth Injury


On May 20, 1989, plaintiff T.R. was born at Community Medical Center in Toms River, at which time she suffered permanent injuries.

Upon turning 18, T.R. sued her mother’s obstetrician, P.P., alleging medical malpractice.

Plaintiff’s counsel contended that during T.R.’s birth, Dr. P. applied excessive pressure on her left brachial plexus when her shoulder became stuck behind her mother’s pubic bone.

Dr. P. maintained that she tried to reposition the mother and reach into the womb to rotate the baby, but neither maneuver freed the baby. The use of fundal pressure, which would have been contraindicated, was a critical factual issue in the case.

Injuries/Damages: arm; nerve damage; shoulder; shoulder dystocia

Plaintiff suffered shoulder dystocia and nerve damage at the time of her birth. Now 19, she has only limited use of her left arm and it is smaller than her right one.

Result: Prior to trial the parties settled for $700,000