$8,986,900.00 ($8.9 Million) Verdict in Brachial Plexus Medical Malpractice Case

Oregon Birth Injury Lawyer obtains multi-million dollar ($8.9M) trial verdict for child who suffered erb’s palsy and klumpke’s palsy due to medical malpractice

After nearly two-years of litigation, a Minneapolis, Minnesota, Hennepin County jury returned a verdict finding a Minnesota hospital liable for medical negligence in the pre-natal care and delivery of a baby at a hospital.  The lawsuit also alleged that the midwife who delivered the baby failed to provide the mother with informed consent regarding the risks of continuing with a vaginal delivery when shoulder dystocia was expected and not providing here with the option of a cesarean section (C – Section).  The Oregon medical malpractice attorneys at Kuhlman Law, LLC tried the case with Saint Paul, MN co-counsel.


The verdict assured that the child will have the best possible chance at a bright future and will be able to have all necessary future medical care, therapy, and adaptations to lead a successful and independent life.  The jury verdict included $230,000.00 for past medical expenses; $225,000.00 for past pain and suffering, disability, disfigurement, and emotional distress, $280,000.00 for future medical expenses, $1,600,000.00 for loss of future earning capacity, and $6,600,000.00 for future pain and suffering, disfigurement, and emotional distress.


Excessive traction and twisting caused permanent injuries to the baby’s brachial plexus nerves

During delivery, shoulder dystocia occurred which is when the baby’s head delivers, but his or her shoulders become lodged behind the mother’s pubic bone.  One of the main warning signs for shoulder dystocia is a baby with a large birth weight (fetal macrosomia).  Here, the prenatal medical records indicated that the baby likely was large and that the mother was gestational diabetic.  The mother informed the midwife that the baby felt large, was considered medically obese due to her BMI (body mass index), and had failed several glucose tolerance tests.  Despite these warning signs, the midwife never referred the patient to an OB/GYN doctor for a consultation or second opinion.  The midwife allowed the patient to go past her due date which increases the risk for serious injury because the baby continues to grow larger the longer it remains in the mother.


When the shoulder dystocia occurred, instead of performing accepted labor and delivery maneuvers, the midwife twisted and pulled on the baby’s head.  An OB/GYN doctor was summoned and used safe delivery techniques to deliver the baby, but not before he had suffered avulsions to the C5 and C6 and additional nerve damage to the C7, C8 and T1 nerves due to the twisting and pulling by the previous provider.


The baby had nerve transplant surgery and years of physical therapy which helped improve his range of motion, but he will still have a permanent brachial plexus injury and will never have full use of his arm.

If your child has suffered a severe brachial plexus injury and you have questions, call us to learn more about your rights.

Serious brachial plexus injuries create uncertainty for a child’s future and cause many sleepless nights for most parents.


You may have questions like:

How serious is my baby’s injury?


How will I pay for my baby’s brachial plexus medical bills and surgeries?


Did the doctor or midwife commit malpractice?


What is the value of my child’s brachial plexus case or what could we settle it for to assure the best possible future for my child?


Why did this happen?


Is it worth pursuing an early settlement for my baby’s case?


If you have questions about your child’s brachial plexus injury and whether it was caused by medical negligence, call the Oregon birth injury lawyers at (541) 385-1999.  We provide a free case analysis and, if we accept your case, we will get you the answers you are looking for, fight tirelessly for your baby’s future, and to hold negligent doctors, midwives, and hospitals accountable for their mistakes so that these injuries can be eliminated through better training and awareness.  There are no fees unless we recover for you.


We handle cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.



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    Bend, Oregon: (541) 385-1999
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