A birth injury lawsuit has been filed in Cook County Circuit Court alleging that medical negligence caused a child to develop Erb’s Palsy. Christopher and Daniela Griffin filed the suit on behalf of themselves and their son, Christopher S. Griffin, Jr., against MetroSouth Medical Center and the attending physician, claiming that medical malpractice caused fetal distress during labor, leading to Christopher’s Erb’s palsy.
Daniela Griffin was admitted to the hospital for delivery of her child on December 30, 2009, under the care of a physician. The lawsuit claims that the doctor was negligent during delivery in applying “greater than gentle traction” to the child’s neck and head. The suit claims that Christopher now suffers from a permanent neurological impairment, as well as Erb’s palsy.
The Griffins allege that the doctor did not exercise a reasonable standard of care for an obstetrician. The lawsuit seeks damages in excess of $50,000 for medical expenses and pain and suffering.
Erb’s palsy is a paralysis affecting the arm that is often the result of shoulder dystocia during birth, for instance if the infant’s head and neck are pulled to the side during the birth. Depending on the severity of the injury, the paralysis may be complete or partial, and may require surgery or rehabilitative therapy, or it may resolve on its own over several months.