News Brief

Grady and Funchion Secure Defense Verdict in Erb’s Palsy Case

March 24, 2023

Michael Grady (Partner-White Plains, NY) and Siobhainin Funchion (Of Counsel-White Plains, NY) obtained a defense verdict on behalf of their obstetrician and medical group clients after a two-week jury trial conducted in the Supreme Court of Westchester County. The plaintiff alleged failure to recognize and respond to a shoulder dystocia during labor and delivery, resulting in a right brachial plexus/Erb’s palsy injury to the infant, and that the obstetrician used excessive traction during the delivery resulting in the injury. Mike and Siobhainin argued that the labor was uneventful, that the head and shoulders delivered without issue and as such there was no shoulder dystocia that created an obstetrical emergency. The trial included a recent video of the infant-child from her mother’s Facebook page appearing less injured than alleged, and – unknown to plaintiff’s counsel – a past felony fraud conviction of plaintiff’s sole non-party witness. The demand at trial was $2.6 million. The jury returned a defense verdict within two hours.

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