Jury Returns $838,809 Verdict in Medical Malpractice Case

Philadelphia and Allentown, Pennsylvania, New Jersey

Julsyy 2006

A Superior Court jury returned an $838,809 verdict in a medical malpractice lawsuit filed after a baby suffered nerve damage during delivery.

The central contention in the case, Banks v. Kaza Medical Group and Noel M. Anupol, M.D., was whether the nerve damage was caused by the obstetrician during delivery, or by “maternal forces,” according to testimony and written reports from medical experts hired by the parties.

Both sets of experts agree in their written reports that the damage to the baby’s brachial plexus, a cluster of nerves in the neck, occurred because of shoulder dystocia, a situation where the fetus’ shoulder gets caught on the mother’s pubic bone during delivery. The agreement ended there.

Injuries related to shoulder dystocia are “one of the most common obstetrical malpractice claims that get filed in the (United States). It’s usually associated with big babies,” said medical malpractice attorney in Pennsylvania , Marc G. Brecher of Wapner Newman Wigrizer & Brecher in Philadelphia, lead counsel for plaintiffs Chantel and Timothy Banks, parents of Reuben Banks, the injured child who was left with impaired use of his left shoulder, arm and hand.

If your child has suffered injuries during birth due to medical malpractice, let us help you fight for the justice and compensation you and your child deserves.  Contact us for a consultation in New Jersey or Pennsylvania today!