Claim of Mother For Brachial Plexus Injury To Baby At Delivery Dismissed

On April 23, 2023, the United States District Court in the Southern District of New York granted the government's motion for summary judgment in a medical malpractice case brought by a mother and her child against the United States under the Federal Tort Claims Act. The case involved a permanent brachial plexus injury that the child sustained during birth, allegedly caused by an obstetrician's excessive force on the child's head and shoulders during delivery.

A brachial plexus injury (a/k/a “Erb's palsy”) is a disorder in which a group of nerves near the shoulder that connects the spine to the arm and hand, is stretched or torn. Plaintiffs alleged that the federal-employee obstetrician, Dr. Sandy Bui committed malpractice because she used excessive force on the baby's head and shoulders during delivery, injuring his brachial plexus. 

The court previously granted the government's motion to preclude the plaintiffs' experts from testifying that the child's injury could not have occurred without the obstetrician's movement of the head during delivery. The court concluded that the premise for plaintiff's expert opinions: “absent certain pre-existing conditions that can exaggerate a baby's risk of nerve stretch during delivery, the sole possible cause of permanent brachial plexus injury is the use of excessive traction by the person delivering the baby.” Such a premise was held speculative and did not satisfy the substantial factor test on causation.The government then moved for summary judgment, which the court granted, citing undisputed facts and evidence that did not support the plaintiffs' claims. Nanema v United States of America, 21- CV - 2615

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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