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Permanent disability claimed in birth injury lawsuit

A birth injury lawsuit has been filed by a Pennsylvania mother (currently unnamed in the press), claiming that her son suffered grievous bodily harm as the result of a doctor’s negligence in 2012. The lawsuit was filed in federal court against the doctor and Delaware Valley Community Health, which was operating as Maria de los Santos Health Center at the time of the incident. 

The suit claims that medical malpractice occurred during labor and delivery, causing the child to suffer a permanent disability. The boy has been diagnosed with severe shoulder dystocia and a brachial plexus injury.

Prior to the delivery, an ultrasound indicated that the weight of the fetus was in the 53rd percentile. On June 17, 2012, the mother began experiencing labor contractions and went to the hospital. According to the lawsuit, two doctors who had been monitoring the mother recommended a cesarean section.  However, the doctor who delivered the baby performed a vacuum delivery. The lawsuit alleges that the doctor failed to perform his own pelvic and abdominal examination and relied instead on information given by other medical providers.

The lawsuit alleges that the doctor’s medical errors caused the baby’s injury. Despite surgery, the child is not expected to be able to use his left arm in the future. The lawsuit seeks compensation for past and future pain and suffering and for past and future medical expenses.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit

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