(518) 465-3553

6 Tower Place
Albany, NY 12203

Menu
Blog Archives

Maynard, O'Connor, Smith & Catalinotto, LLP

September 1, 2010

Successful Medical Malpractice Defense

Category: Firm News — admin @ 8:48 pm

Maynard, O’Connor, Smith & Catalinotto partner, Thomas G. Daley, Esq. successfully defended a medical malpractice lawsuit venued in Albany County.  The case, Maloney v Kerner, involved an allegation that the infant plaintiff sustained a brachial plexus injury (Erb’s Palsy) as a result of a shoulder dystocia condition encountered at the time of birth.  The plaintiff contended that the defendant obstetrician improperly performed maneuvers at the time the shoulder dystocia condition was discovered so as to cause a permanent injury to the infant plaintiff.  The plaintiff produced expert proof that the injury sustained by the infant could only have occurred as a result of the obstetrician improperly placing lateral traction on the head of the child before the shoulder dystocia condition was relieved.   The defendant testified that no lateral traction was placed on the head of the child once the shoulder dystocia condition was diagnosed.  Also, the defendant obstetrician had delivered multiple children in the past with shoulder dystocia conditions, with none of those children sustaining any injuries.  Also on behalf of the defense, a board certified obstetrician testified that the management by the defendant of the shoulder dystocia condition, which is considered a life-threatening obstetrical emergency, was proper and in agreement with all accepted standards of care.  Further, the defense called a pediatric neurologist who testified that the birth injury sustained by the child occurred as a result of maternal propulsive forces.  The trial started on July 19, 2010 and a jury returned a unanimous verdict in favor of the defendant on July 26, 2010.

No Comments »

No comments yet.

Leave a comment