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Medical Malpractice In Birth Of Child Results In $485,000 Verdict

Parents in Buffalo know how difficult it can be to see their children suffer, even from minor problems.  Personal injury and medical malpractice cases involving children can be among the most difficult emotional experiences for all parties involved.

In a recent medical malpractice case, Lizzette Cain brought a claim against the medical providers who oversaw the birth of her now four year old son, Jayden.   During the first two years of his life, Jayden suffered from Erb’s palsy in his right arm.  Erb’s palsy is a condition caused by stretching of, or damage to, nerves in the shoulder that leads to limited strength and mobility in the arm.

During Jayden’s birth the medical personnel had applied traction to his head to relieve entrapment of his right shoulder.  In her case against the medical providers, Jayden’s mother claimed that this traction was the cause of Jayden’s condition and, given his size at birth, he should have been delivered by Caesarean section instead. 

The medical providers did not concede that they had made any mistakes in the delivery of Jayden, and the case proceeded to trial.  The jury apparently agreed with Jayden’s mother and awarded Jayden $485,000 in damages for his condition following his birth.

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