Recent Verdicts and Settlements (Continued from page 33)
livered, a “turtle sign” was noted, with an immediate diagnosis of shoulder dysto- cia. At that time, local obstetricians were called from their offices near the hospital and the nurse-midwife began maneuvers — including a McRoberts maneuver, su- pra-pubic pressure, and a Wood screw maneuver — in an effort to deliver the baby. The nurse-midwife was unable to deliver the baby, and when the obstetri- cian arrived in the delivery room at approximately 10:36 am, he took over the delivery, cut an episiotomy, and delivered Skye Allen. Skye’s birth weight was 3282 grams,
and her Apgar scores were 0, 2, 4, and 8 at 1, 5, 10 and 15 minutes, respectively. Shortly after her birth, Skye was trans- ported to West Virginia University Hospital, where a right brachial plexus injury was diagnosed. Fortunately, the child suffered no hypoxic brain injury from the events at delivery.
Allegations of Liability: The Plaintiffs
contended that the obstetrician negli- gently failed to intervene in the labor and delivery at 9:15 am, and further con-
tended that the nurse-midwife negligently failed to cut an episiotomy after diagnos- ing shoulder dystocia. The Plaintiffs also contended that the nurse-midwife applied excessive force in her attempts to deliver Skye, thereby causing the brachial plexus injury.
Injuries / Damages: Neonatal brachial plexus injury, resulting in impairment to the right shoulder, arm, hand and fingers.
Plaintiff ’s Witnesses: Philip Goldstein, M.D. (Maternal-Fetal Medicine) Wash- ington DC; Melvyn Ravitz, M.D. (Obstetrics) Manasquan, NJ; Robert Allen, Ph.D., P.E. (Birth Mechanics) Bal- timore, MD; P. David Adelson, M.D. (Pediatric Neurosurgery) Pittsburgh, PA; James Lewis, Ph.D. (Neuropsychology) Clinton, MD; Lianne Friedman (Voca- tional Counseling) Wheaton, MD; Richard Lurito, Ph.D. (Economics) McLean, VA.
Defense Witnesses: Thomas Bader, M.D. (Obstetrics) Philadelphia, PA; William McCool, Ph.D., CNM (Nurse-Mid- wifery) Philadelphia, PA; Fred J. Krieg, Ph.D., (Psychology) Wheeling, WV; Eric Jones, M.D. (Pediatric Neurology)
Martinsburg, WV; Errol Sadlon (Voca- tional Counseling) Pinch, WV; Dan Selby (Economics) Hurricane, WV.
Verdict/Settlement: Structured settlement with present value of $ 800,000.00.
Special Remarks: Shenandoah Maternity Clinic falls within the scope of the Feder- ally Supported Health Centers Assistance Act, 42 U.S.C. §␣ 233, thereby entitling the Clinic to the protections of the Fed- eral Tort Claims Act. Shortly after filing suit in state court in West Virginia, the United States of America intervened in the action, substituted itself for the de- fendants, Shenandoah and Nurse-Midwife Nicodemus, and removed the action to the United States District Court for the Northern District of West Virginia.
Plaintiff ’s Counsel: Henry E. Dugan, Jr. (MTLA Member), George S. Tolley III (MTLA Member), Dugan, Jakubowski, Babij & Spector, LLC, Timonium, MD.
Defense Counsel: Helen C. Altmeyer, Assistant United States Attorney, Wheel- ing, WV.
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Trial Reporter
Fall 2001
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