Partner Jennifer L. Emmons represented a little girl, now 7 years old, whose arm was injured during her birth. During the delivery and after the baby's head came out, her shoulder got stuck. This is referred to in obstetrics as a shoulder dystocia. There was evidence that the nurse midwife, who was the only obstetrical provider at the delivery, pulled on the baby in order to free her shoulder and get her delivered. This is not an appropriate maneuver nor an appropriate technique to free a shoulder that is stuck or impacted during delivery. The standard of medical care required the midwife to avoid using improper downward, lateral traction on the baby's head in an attempt to deliver the baby in this situation. As a result of the force used by the midwife to deliver this baby, Ms. Emmons' client suffered a particularly severe brachial plexus injury, or Erb's Palsy injury to her right arm, resulting in the tearing and permanent disability of 3 nerves that left her arm significantly dysfunctional and disfigured. The client was awarded $4 million dollars after a week-long arbitration. Caroline Bar was second chair and assisted Jennifer during the trial.
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