Family Wins $3.49M In Birth Injury Suit - Medical Malpractice Attorney Source

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Family Wins $3.49M In Birth Injury Suit

2006-11-01

A Hartford Superior Court jury awarded $2.69 million, and a judge awarded an additional $800,000 to the family of a boy who contracted Erb’s Palsy as a result of a doctor’s mistake four years ago.

The court found the now retired obstetrician Anthony Anastasi, and F.A.L. Medical Associates guilty of medical malpractice, and liable for the accident that resulted in Omar Earlington Jr.’s disabilities.

Lois Tanzer, the superior court judge, added $800,000 in interest to the jury award of $2.69 million because two years ago, Anastasia rejected a $1 million settlement offer from Kathleen Nastri, the Earlingtons’ lawyer.

Tamar Eearlington, and her son Omar will receive a total of $3.49 million in damages.

The Mistakes

According to the lawsuit, Anastasia is guilty of:

·    Failing to recognize that Tamar Earlington had a small pelvis
·    Adequately evaluating the size of the fetus
·    Using excessive pressure, and a vacuum extractor to remove the baby when it got stuck instead of performing a c-section

As a result of Anastasi’s negligence, the child suffered serious nerve damage to the neck and shoulder joint, which has left the child severely impaired.

“He has some movement in his right arm, because there was some slight recovery of the nerves,” Nastri said. “He cannot put his hand over his head, and he has contractures at the elbow and shoulder joint. His arm never fully straightens.” This condition, Erb’s Palsy, often results from birth injuries.

Closure

This verdict is important to 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,” Nastri said. She added that the family was also upset because Anastasi never admitted any wrongdoing.

“This family felt like nobody was taking responsibility for this,” said Nastri. “This is a very humble, solid family. Their faith is deep. I think they always felt their faith would prevail.”

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