Hall and Luzio Secure Defense Verdict In Nebraska
Hall and Luzio Secure Defense Verdict In Nebraska
September 1, 2023
HPS Attorneys David Hall and Krista Luzio successfully secured a defense verdict in favor of an OB/GYN in Grand Island, Nebraska (Hall County) in collaboration with local Nebraska attorneys Mark Christensen and Isaiah Frohling of Cline Williams. Plaintiff alleged the defendant obstetrician failed to timely recommend a c-section, failed to appropriately obtain informed consent for vaginal delivery, and used excessive traction during delivery, resulting in a severe permanent brachial plexus injury in the newborn.
When signs consistent with preeclampsia were identified at the Plaintiff mother’s 39wk prenatal appointment, the defendant doctor ordered an induction and trial of labor. After several hours, the defendant recommended an amniotomy to speed the labor progress, but Mom declined preferring a natural labor with minimal interventions as long as baby was tolerating the labor. The labor continued to progress in a slow manner due to inadequate contractions and the occiput posterior position of the baby. Pitocin was increased moderately to reach adequate contraction strength measured by IUPC, at which time the labor progressed until Mom was complete and began the pushing phase. During delivery, the anterior shoulder became impacted on the pubic bone and shoulder dystocia was diagnosed. Mom was placed in McRobert’s and the shoulder was delivered with gentle downward traction in 10 seconds.
Plaintiff claimed that the slow labor progress should have prompted an informed consent discussion regarding the risks of continuing a trial of labor vs. c-section delivery and that the doctor should have recommended a c-section instead of increasing the Pitocin. At the time of delivery, Plaintiff argued that the defendant OB must have panicked and inappropriately used excessive lateral traction to deliver the anterior shoulder as evidenced by two nerve root avulsions and one nerve rupture that resulted in a permanent brachial plexus injury for this child.
The defense team responded to Plaintiff’s serendipitous earlier c-section argument and the excessive traction allegations in turn. First, the defense pointed out that both sides agreed the baby’s fetal heart tracings were reassuring for the entire labor and never indicated the baby might not be tolerating the longer than expected labor. The inadequate contraction strength and OP position of the baby during early labor explained the slower than expected progress and there was never a point of labor arrest, just slow progress. The doctor had accurately estimated fetal weight prior to labor and had thorough discussions during prenatal appointments in which the mother and family shared their strong preference for a vaginal delivery. There was no medical indication to deviate from that plan throughout labor, even with slower than average cervical change. The defendant doctor explained her delivery maneuvers to the jury both before and after the head was delivered and shoulder dystocia diagnosed. She demonstrated her custom and technique in delivering a baby once shoulder dystocia is encountered, that involved Mcrobert’s and gentle downward traction. The process lasted 10 seconds, which was corroborated by the family and contemporaneous records. The defendant testified that she did not use excessive lateral traction at any point to deliver the baby. Additionally, numerous social media statements posted by the Plaintiff mother were used at trial to clarify different factual allegations, including the fact that the parents recalled the defendant OB/GYN had not pulled on the head at delivery.
Plaintiff asked for a range of damages up to $15M for future care needs and lost earning capacity, along with pain and emotional suffering. The jury deliberated for 3 hours before returning a verdict in favor of the defendant. Significantly, David Hall and Krista Luzio were engaged as national trial counsel prior to trial and achieved this verdict in collaboration with local Nebraska counsel Mark Christensen and Isaiah Frohling of Cline Williams.
Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Marilee Clausing. This post constitutes a form of attorney advertising as defined by some state bar associations.