California Plaintiffs Claim Brachial Plexus Birth Injury

Perry Larkin | November 1st, 2012

A family filed a birth injury lawsuit in the Superior Court of Los Angeles on October 1, 2012, alleging that the medical staff at California Hospital Medical Center committed negligence during the labor and delivery of Zenia Ramos and, as a result, her baby Raelin Miranda suffered injuries. The plaintiffs Roberto Miranda and Zenia Ramos allege that their baby’s injuries could have been prevented had the medical staff taken appropriate action during delivery. As a result of the medical mistakes, Raelin Miranda sustained shoulder dystocia.

Many cases making similar allegations have been filed nationwide due to the negligence and malpractice on the part of the medical professionals.

Shoulder dystocia leads to brachial plexus lawsuit

Shoulder dystocia results when the infant’s shoulder becomes stuck behind the mother’s pubic bone during labor. If these factors are in place, the risk of birth injury—specifically brachial plexus injury—is heightened.

Brachial plexus are the nerves that control movement in the hand, shoulder and elbow. When damaged during birth via inappropriate stretching or neck pressure, there is the potential for injury. These injuries range from the permanent—paralysis; to the mild—stretching of the nerve network that can heal on its own.

During Zenia Ramos’s labor, the medical staff noted that the infant was large for gestational age and that shoulder dystocia was pending, yet they failed to perform a cesarean section. The alleged mistakes caused permanent paralysis of the baby’s left arm and left the family with emotional distress and a future of caring for a disabled child.

General negligence the only cause of action

The only cause of action in this case is general negligence. It is alleged that the medical staff committed negligence in not performing a c-section when it was deemed to have been required to prevent a birth injury. The plaintiffs claim that the staff used inappropriate force and did not keep the physician properly informed during the birthing process.

If your child has suffered a birth injury due to a medical mistake on the part of the medical staff in whom you entrusted the care of you and your child, you may have the basis to file a lawsuit. The lawyers at Balkin & Eisbrouch have extensive experience with a wide array of birth injuries and can help you with your case. The consultation is always free and you pay no money unless we win your case. Call today.