Illinois Woman Files Lawsuit After Child Born With Shoulder and Arm Problems

Posted on May 14, 2014 at 12:00pm by

According to the Madison-St. Clair Record, a woman in Illinois has filed a lawsuit against a hospital claiming that its doctors were reckless and caused irreparable damages to her newborn child.

The news outlet reported that Sarah Waller filed a lawsuit against Anderson Hospital after her child Clayton became stuck during his August 2011 delivery. According to the lawsuit, Waller said that doctors at the hospital failed to estimate Clayton’s weight prior to his birth, resulting in a delayed delivery.

Waller also claims that she was not offered a C-section delivery and that the excess pressure applied to Clayton during his birth resulted in permanent nerve damage in his shoulder and extreme pain. The child reportedly has limited use and movement of his shoulder, arm and hand.

Named in the lawsuit, which was filed in Madison County Circuit Court, were Dr. Thomas Hulsen, Dr. James J. Dalla Riva and Southwestern Illinois Health Facilities Inc.

Waller is reportedly seeking $50,000 in damages and court costs.

My Child Was Permanently Injured Because of Our Doctors. Can I File a Lawsuit?

While it remains unclear if this case involved shoulder dystocia, it sounds eerily similar. It should be noted that shoulder dystocia can occur due to the following factors:

  • The baby is large
  • The mother is pregnant with more than one baby
  • The mother is diabetic
  • The baby is delivered post due date

While healthcare providers cannot prevent shoulder dystocia from occurring during some births, they are supposed to be prepared to take action during the process. This means monitoring fetal activity, estimating a baby’s weight and potentially ordering a C-section, if necessary.

Shoulder dystocia can be debilitating for a newborn, as it can permanently affect nerves in a child’s arm, shoulder or hand. It can also result in broken bones. Additionally, delays during the birthing process can also result in other injuries, including brain damage.

If your child suffers an injury during birth, you should fight back. Do not let him or her suffer without holding your healthcare provider accountable. Our firm offers attorney Ryan A. Krebs, M.D., J.D., a doctor whose unique background makes him specially qualified to handle any birth injury case.

[Did You Know: Some children born with shoulder dystocia have no muscle control or feeling in their arms or hands.]

Cappolino Dodd Krebs LLP – Birth Injury Attorneys

Source: http://madisonrecord.com/news/264265-anderson-hospital-and-doctors-named-in-med-mal-complaint