On Oct. 28, 2002, teenager Lauren Taber gave birth to plaintiff Jordan Robinson, attended by OB-GYN Catherine Roush. During delivery, Jordan experienced shoulder dystocia and sustained a brachial plexus injury.Taber, on behalf of Jordan, sued Roush for improperly pulling and twisting Jordan’s head to free the shoulder.
Roush contended that she performed all the appropriate maneuvers, and that the propulsive forces of labor caused the injury.
Jordan’s brachial plexus injury resulted in complete loss of use of his right arm below the elbow. He underwent three operations–a nerve graft; a muscle transfer; and a wrist extensor–that resulted in little improvement; he still had a claw hand that was turned under at the wrist, and the arm remained limp at the elbow. Doctors recommended a future operation called a triangle tilt.
Jordan’s past medical bills were about $160,000, and his medical experts testified that his future medical expenses would be about $600,000. Based on testimony by a vocational rehabilitation expert, his attorney argued that Jordan’s future lost earnings would be $1.2 million. He argued for a per diem amount on past and future pain and suffering, physical impairment and disfigurement. The total damages sought were about $5 million.
Roush argued that Jordan, as a bright child with supportive, loving parents, was likely to find gainful employment as an adult, and that probably the only jobs he will not be able to do are those requiring fine motor skills with both hands.
The jury found no negligence by Roush.