Barton Gilman attorneys obtain jury defense verdict in med-mal case

BOSTON (Jul. 9, 2015) – Angela L. Carr and Jenna R. Pingitore recently obtained a jury defense verdict on behalf of an obstetrician-gynecologist in a shoulder dystocia case. The Plaintiffs alleged that the obstetrician-gynecologist failed to perform appropriate maneuvers when she stepped in to assist with a delivery complicated by a dystocia. The Plaintiffs further alleged that the baby suffered a brachial plexus injury as a result.

A Massachusetts Superior Court jury sitting in Newburyport took less than two hours following the 8-day trial to return a verdict of no liability against the firm’s client, who assisted the certified nurse midwife caring for the patient when the dystocia presented.

When the nurse midwife’s initial attempt at the McRoberts maneuver did not release the anterior shoulder, the obstetrician-gynecologist took over the delivery, applied suprapubic pressure, and placed the mother in McRoberts. The obstetrician then contemplated cutting an episiotomy when the anterior shoulder released and the baby delivered.

“We were pleased that the jury concluded that our client appropriately responded to this obstetrical emergency and ultimately saved this baby’s life,” said Carr. “Nothing she did or failed to do in any way caused or contributed to cause the brachial plexus injury.  We believe that the jury sensed that our client is an experienced practitioner who calmly facilitated the delivery of the baby in the face of a life-threatening situation.”

This is the third med-mal defense verdict obtained by Carr and Pingitore within seven months.

About Barton Gilman

Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm as one of Rhode Island’s Best Places to Work in 2015, the seventh time that the firm has been so recognized since 2008.