Lead trial counsel for defendant-Hospital in medical malpractice action by parents of a child who suffered a permanent brachial plexus injury during an allegedly traumatic birth. The child’s parents did not speak English, presenting significant challenges for cross-examination. Plaintiffs alleged that the Hospital’s nurses negligently failed to recognize the occurrence of a shoulder dystocia, negligently failed to notify the defendant-physician in a timely manner that the shoulder was stuck, and negligently failed to take appropriate measures to relieve the stuck shoulder and safely deliver the baby. The case involved the presentation to the jury of complex concepts of obstetrics, pediatric neurology, and labor and delivery nursing. Defendant-Hospital obtained a directed verdict at conclusion of plaintiffs’ evidence following five days of testimony.
The defendant-physician initially obtained a favorable jury verdict that was reversed on appeal, and on retrial of the case the jury returned a verdict for plaintiffs on their claim for lack of informed consent.