» Cleveland Attorney Says Mother Awarded $13 Million in Birth Injury and Disfigurement Lawsuit

Cleveland Attorney Says Mother Awarded $13 Million in Birth Injury and Disfigurement Lawsuit

Cleveland, OH (Law Firm Newswire) January 17, 2014 – Libbey Bryson’s daughter was permanently injured at birth when doctors pulled on the 8-pound, 8-ounce baby’s head to dislodge her arm from Libbey’s pelvic bone, according to court documents.

Mellino Robenalt LLC has Cleveland Medical Malpractice and Personal Injury Attorneys

Mellino Robenalt LLC has Cleveland Medical Malpractice and Personal Injury Attorneys

“Doctors are trained for emergencies like this and even practice shoulder dystocia maneuvers and other techniques, so they’re prepared when they happen,” says Christopher Mellino, a birth injury lawyer in Cleveland. “But instead of performing a C-section, as they should have in this case, residents kept pulling the child.”

The hospital argued that its doctors followed proper procedure and that a caesarean section was not warranted. It plans to appeal the $12.9 million verdict, which will be reduced to around $4 million due to state caps on non-economic damages, Bryson’s birth injury lawyer stated.

In the meantime, Bryson’s now five-year-old daughter has undergone several surgeries for severed nerves in her disfigured right arm, and she must wear a brace.
“The damage will require continued therapy and assistance in completing basic daily tasks, such as brushing her hair or getting dressed,” mlive.com reported.
Larger babies are more apt to become stuck behind the mother’s pelvic bone, says whattoexpect.com. Mellino has seen these issues many times in his nearly 30-year legal career. In fact, one client filed a birth injury lawsuit when her 10.5-pound baby’s shoulders became stuck, crimping the umbilical cord and causing oxygen and blood deprivation.

“Mellino argued the doctor should have estimated [the baby's] weight before the delivery, performed a caesarean section instead of using forceps and used proper maneuvers to try to get [the baby] unstuck,” the Plain Dealer reported when a jury awarded Mellino’s client $3.99 million in damages.

Mellino encourages parents to at least speak with a birth injury attorney if they suspect that a mistake caused an injury, disability or disfigurement. Ohio law limits the amount of time an injured person has to file a claim, and funds awarded can go a long way toward medical bills, rehabilitation costs and other expenses, including lost wages.

“Unfortunately,” he says, “sometimes a bad outcome is just a bad outcome. It’s our job as lawyers to differentiate between true medical malpractice and cases that do not constitute medical negligence in the eyes of the law. Never hesitate to call our office with any questions you may have. That’s what we’re here for.”

Mellino Robenalt LLC
75 Public Square #1020
Cleveland, OH 44113

19704 Center Ridge Rd.
Rocky River, OH 44116
Call: 440.333.3800

  • Ohio Woman Awarded $1.2 Million in Perforated Bowel Lawsuit
    A Hamilton County resident and her husband have been awarded a total of $1.2 million in a medical malpractice lawsuit that could have been avoided if her doctor had diagnosed and treated her perforated bowel sooner, per Cincinnati.com September 11, 2014. In 2009, the woman sought treatment for stomach pain. After undergoing two partial hysterectomies, her pain persisted. According to her medical malpractice attorney, her doctor neglected to order a CT scan until she was critically ill with acute respiratory distress syndrome. She now has 80 percent lung capacity and walks with a walker. A Perforated Bowel Can Cause Septic […]
  • Surgeon Admits Mistake, Hospital Insurer Denies It
    Last summer, a 74-year-old woman fell and broke several vertebrae due to osteoporosis. She underwent spinal fusion surgery but started suffering leg spasms, according to bostonglobe.com. “A doctor recommended she have a pump stitched underneath her skin to get calming medication directly to her spine, and out to her muscles, faster — often a two-hour outpatient procedure,” the August 31, 2014, article stated. “In the operating room [months later], the neurosurgeon requested a special dye to test the location of tubing that had been threaded into her spine. But the pharmacy didn’t have it and provided a different one.” The […]
  • Family Files Lawsuit After Camera Catches Home Healthcare Aide Abusing Stroke Victim
    Two home healthcare aides working for the same company abused a 78-year-old, 115-pound stroke victim, according to an NBC News affiliate August 21, 2014. His family installed surveillance cameras after he told them about the first aide abusing him. In April, his wife checked the camera footage, called police, and filed a lawsuit against Personal-Touch Home Care after coming home one day to a bruised, depressed, and frightened husband. Video footage revealed that he’d been grabbed, slapped, and force-fed. “No one should be treated like that,” the family’s elder abuse attorney said. “This company is supposed to be sending trained […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required