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A Connecticut mother and her young son were awarded $2.7 million in a medical malpractice lawsuit filed after the boy suffered Erb''s palsy—a serious condition caused by nerve damage to the arm—allegedly caused by the doctor''s negligence during his birth.
The award amount is believed to be the highest medical malpractice verdict ever given for this type of birth injury in the state of Connecticut.
Doctor Found Liable
The Superior Court jury found obstetrician Anthony Anastasi, now retired, and the F.A.L. Medical Associates liable for the permanent disabilities four-year-old Omar Earlington Jr. must live with.
According to the malpractice lawsuit, Anastasi allegedly failed to diagnose Omar''s mother Tamar Earlington with a small pelvis during her pregnancy, which began the series of complications that followed.
The lawsuit claims that the doctor also failed to adequately measure the pre-birth size of the fetus in the womb and used excessive force and pressure with a vacuum to extract the newborn instead of performing an emergency Caesarean section when the baby was lodged in the pelvis.
Erb''s Palsy
As a result of Anastasi''s negligence and wrongdoing, Omar suffered severe nerve damage in his shoulder, permanently impairing arm movement. “He cannot put his hand over his head. And he has contractures at the elbow and shoulder joint,” said the family''s lawyer Kathleen Nastri. “His arm never fully straightens.”
Nastri also noted that the nearly $3 million verdict is huge for the family “because it allows them to make sure this baby is taken care of, that he gets the treatment and education he needs to overcome the disability.”
Has your child suffered a birth injury? Please click here to learn how you may be able to recover your damages through a medical malpractice lawsuit.