New York Erb’s Palsy Attorney at Ronemus & Vilensky Law Firm Wins $3.5m Case

Erb’s Palsy is an injury to the network of nerves (the brachial plexus) that supply feeling and control to the shoulders and arms.  This type of injury can result in a loss of movement and feeling in the arm, hand and fingers.  The brachial plexus nerves can be damaged when a doctor pulls excessively on a child’s head during delivery and symptoms will usually be evident soon after birth.  Some factors may increase the risk of Erb’s Palsy including high birth weight, diabetes during pregnancy, an overweight mother, and a long second stage of labor.  In some cases, however, Erb’s Palsy can be the result of medical malpractice.

Attorneys Michael Ronemus and Robert Vilensky have been representing clients affected by Erb’s Palsy as a result of medical malpractice for over 20 years.  In the past medical malpractice insurance companies have typically been willing to settle most Erb’s Palsy cases, but in recent years more cases have been taken to trial.  This is partly due to published articles and trial testimony by doctors paid by insurance companies arguing that the injury to the baby is the result of the natural forces of delivery, rather than the fault of the doctor during delivery.  The insurance witnesses argue that the force of the uterus contracting can cause an Erb’s Palsy.

Michael Ronemus recently won a 3.5 million dollar verdict for a five year-old girl born in 2005.  The client was diagnosed shortly after birth with Erb’s Palsy, an injury the client’s mother claims occurred during delivery.  Ronemus argued that the client’s injury was a result of negligence by the delivering doctors when the baby’s shoulder became stuck during delivery – a condition called shoulder dystocia. He contended that the dystocia was relieved via inappropriate means: that the doctor utilized an excessive amount of force and also fundal pressure – which is pushing down on the baby.  The defense denied these claims and called an expert neurologist and obstetrician who both opined that the clients’ injury was the result of the normal forces of labor.  Ultimately the jury found that the baby’s injury was a result of negligence, and that the client’s damages totaled $3.5 million.  The monetary determination includes future medical costs, future lost earnings capabilities, past pain and suffering, and future pain and suffering.

About Ronemus & Vilensky LLP

Hard work, thorough preparation, excellent trial skills, and years of experience, paired with cases that merit substantial compensation is the winning combination that enables Ronemus & Vilensky to procure millions of dollars for our clients.

The attorneys of Ronemus & Vilensky specialize in representing clients with the following injuries: Erb’s palsy, cerebral palsy, traumatic brain injury, lead poisoning, hospital or physician malpractice, racial or sexual discrimination, construction accidents, motor vehicle accidents and other types of serious accidents, false arrests, and police assault or abuse.

If you have a case that you would like to discuss, please feel free to contact the attorneys at Ronemus & Vilensky. All information is kept strictly confidential and there is NO CHARGE for a consultation. In fact, every case taken is on a contingency basis, which means you don’t pay any attorney’s fees unless Ronemus & Vilensky wins the case for you.