Defense Verdict – Erb’s Palsy – Negligent Obstetric Case

On October 6, 2026, after a hard-fought four-week trial in Richmond County, partners John Paterniti and Fabiana Furgal secured a defense verdict for an obstetrician client accused of negligence during the delivery of the infant plaintiff. It was undisputed that the 10-pound newborn sustained injury to the brachial plexus resulting in a permanent Erb’s palsy. The plaintiff alleged that our obstetrician failed to properly estimate fetal weight and should have offered the mother a cesarean section based on suspected macrosomia. When shoulder dystocia occurred during delivery, the plaintiff further claimed that the doctor stretched the infant’s neck and head, damaging multiple nerves of the brachial plexus, including avulsions at C7 and C8. The injuries required two surgeries and six years of ongoing therapy. At trial, the plaintiff presented several damages witnesses, including a treating orthopedic surgeon, a pediatric neurology expert, therapists, a life-care planner, and an economist. Through expert and critical eyewitness testimony, however, John established that our obstetrician used appropriate techniques to resolve the shoulder dystocia and did not apply excessive force to the infant’s head. Although the injuries were significant, the jury found no liability arising from the obstetrician’s management of the labor and delivery or any of the care provided.