A baby boy who suffered peripheral nerve damage after childbirth and his family have been granted a $3 million verdict in their medical negligence lawsuit.

The family, who filed the lawsuit back in 2014 after the baby’s birth in 2008, said that during the birthing process, the infant’s shoulder became lodged and wouldn’t move.

The lawsuit claims that the doctor pulled too hard on the head and neck in an attempt to dislodge and assist with the birth, which caused peripheral nerve damage after childbirth. The child’s right arm was subsequently paralyzed, according to court documents.

According to the family’s lawsuit, the doctor did not warn the mother about the risks involved with performing the birth procedure in this manner, like peripheral nerve damage after childbirth.

The doctor denied culpability in court and even argued that the peripheral nerve damage after childbirth was not due medical negligence but instead to maternal forces of labor. But, the court sided with the mother and her young son.

The doctor has been ordered to pay the family $3 million. The family’s lawyer noted that the amount was fair, considering the child, now 9 years old, has “got a lot of living to do with this impairment.”

The damage is serious. The shoulder has five nerves, and two were ripped in half. The others took damage as well, and were overstretched so much that they are essentially nonfunctioning.

While the child has undergone two surgeries in an attempt to improve his right arm’s mobility, he still has difficulty performing basic tasks like zipping his pants. He can’t do other things at all—like riding a bike or using his right arm to touch his stomach or stretch behind his head.

Hundreds of families like this one file lawsuits each year after they realize their child suffered a birth injury like peripheral nerve damage after childbirth, potentially due to negligence or even medical malpractice. Families hope that compensation from a birth injury lawsuit will help them with medical expenses going forward.

Common birth injuries include:

• Cerebral palsy
• Oxygen deprivation
• Mental retardation
• Erb’s palsy
• Klumpke’s palsy
• Brachial plexus
• Retinopathy of prematurity

If you are the parent of a child who has suffered a birth injury, this may be caused by negligence or medical malpractice. You have the right to know how this happened to your child.

Of course, not all birth injuries are the result of medical malpractice. For many children, these things just happen, especially when delivered using obstetrical forceps, vacuum extraction or cesarean section.

For others, however, injuries like substantial nerve damage during birth may have been avoided with the proper care. An experienced medical malpractice lawyer can help you find answers.

Filing a Birth Injury Lawsuit

Birth injury lawsuits like this one often end up with hefty awards. This is because peripheral nerve damage after childbirth and other birth injuries are generally life altering in nature.

If your child has suffered from a birth injury caused by medical malpractice or negligence, you may be able to file a lawsuit. While filing a lawsuit cannot take away the pain and suffering of these conditions, it can help to alleviate the financial burden caused by medical expenses and lost wages.