Type of Action: Medical Malpractice
Injuries Alleged: Permanent brachial plexus injury due to excessive traction during vaginal delivery
Court: Fairfax County Circuit Court
Tried before: Jury
Date Resolved: August 27, 2026
Verdict or Settlement: Verdict
Amount: $5,000,000 demand,$0 award (defense verdict)
Attorneys for defendant (and city): Michael E. Olszewski and Hannah R. Heishman, Fairfax
Description of case: On January 13, 2017, Plaintiff was born at Reston Hospital Center. During the vaginal delivery, the defendant obstetrician encountered a shoulder dystocia. The baby’s shoulder released upon implementing McRoberts maneuver. After delivery, it was immediately recognized that the baby suffered a severe brachial plexus injury. The C5 nerve root was ruptured, the C6 and C7 nerve roots were partially ruptured, the C8 nerve root was avulsed, and there was a permanent injury to the T1 nerve root.
Plaintiff claimed the defendant obstetrician used excessive lateral traction to clear the dystocia, rather than gentle axial traction. They claimed that the only way a brachial plexus injury becomes permanent is when excessive lateral traction is used. Plaintiff further argued that because the defendant obstetrician had many years of experience and had not been in simulation training for decades to know how much force she uses, she did not realize how hard she pulled. Therefore, she underestimated the amount of traction she used during delivery. Plaintiff claimed the now 9-year-old girl required a $7 million life care plan to include things such as a service dog, psychological counseling, and a personal attendant every day for the rest of her life.
The defense argued that permanent brachial plexus injuries can be the result of maternal expulsive forces combined with a precipitous second stage of labor. The defense also demonstrated that the life care plan was based on speculation as to what the child would require in order to live a productive and happy life. She has lived with this injury for the past nine years and has not known a life without it. Therefore, she has learned to adapt and become independent in activities of daily living and will continue to do so well into adulthood. This is different from if an adult suffered a brachial plexus injury and has to relearn basic activities of daily living.
After eight days of evidence, the jury deliberated for one and a half hours, returning a defense verdict.
