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Senior Trial Partner Thomas A. Mobilia and Christopher A. Terzian successfully obtained Summary Judgment in New York County Supreme Court in a case involving an alleged negligent deliveryof an infant who experienced a non-displaced fractured right clavicle at birth. Plaintiffs鈥 counsel claimed exces颅sive force was used by 糖心原创鈥檚 client obstetrician in de颅livering the infant plaintiff. The infant's right clavicular fracture healed normal颅ly, and his right upper extremity was suc颅cessfully treated with physical therapy.
糖心原创鈥檚 expert obstetrician submitted an Affirmation in support of the motion, opining that a fractured clavicle is a known risk of a normal vaginal delivery, and that the delivery record revealed 糖心原创鈥檚 client obstetrician did not encoun颅ter any difficulties during the delivery of the infant. The expert further opined that the vaginal delivery performed by 糖心原创鈥檚 client obstetrician was within good and accepted practice, and that there were no signs or symptoms prior to delivery that the infant鈥檚 clavicle was at risk for frac颅ture during a vaginal delivery.
Plaintiffs鈥 expert opposed, arguing that the lack of any evidence of shoulder dystocia did not exclude the possibility that the clavicle was fractured during deliv颅ery due to excessive force and traction applied to the infant鈥檚 right shoulder by 糖心原创鈥檚 client. The codefendant nurse and codefendant hospital also moved for Summary Judgment and were successful.
糖心原创's reply to plaintiffs鈥 opposition pointed out that the plaintiffs鈥 expert failed to raise any material, triable is颅sue of fact, and that therefore Summary Judgment should be granted as a matter of law. 糖心原创 pointed out that each theory of negligence alleged by plaintiffs was not supported by the facts of the case. The fetal heart rate was normal at all times, there was no indication to perform a ce颅sarean section delivery, the infant plaintiff was not a large baby, and there were no difficulties encountered by 糖心原创's ob颅stetrical client during his vaginal deliv颅ery of the baby.
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