A$1.3 million judgment was obtained in a birth injury case by Omaha birth injury lawyers Joseph Cullan and Patrick Cullan of the law firm Cullan & Cullan. Both attorneys helped prove that an Omaha midwife and the Nebraska Methodist Health System were negligent when a male baby suffered paralysis in his right arm during delivery.
The boy is now 4 years old, has had intricate surgeries to bring back some motion in his arm and will need one or more additional surgeries. The $1.3 million is to compensate the boy and his family for medical bills lost earning capacity, pain, suffering, and attorney fees. The boy is expected to continue to struggle with bone, joint and spine problems in addition to having a right arm that is shorter than the left.
The attorneys proved the boy’s parent’s argument that the certified nurse midwife had incorrectly pulled the infant’s head as well as manipulating his shoulders when he became stuck during delivery at Methodist Hospital. It was also argued that the midwife’s negligence caused three nerves to break, leading to paralysis. In addition, the midwife made the boy’s parents think his delivery would be low-risk. When the midwife induced labor because she thought that the infant would be large, the plaintiffs’ attorneys argued that the infant’s size raising the risk of complications should have prompted the midwife to bring in an obstetrician. The attorneys proved that the baby’s size did cause him to become stuck during delivery and that the midwife didn’t get a physician to help until after the delivery.