Supreme Court, Orange County

Plaintiff alleged Erb’s palsy / brachial plexus injury during obstetric delivery. Shoulder dystocia was not detected during delivery. Pre-trial, certified nurse-midwife’s trial counsel successfully opposed plaintiff’s attempt to preclude defense expert from testifying about causes of brachial plexus injury other than inappropriate traction to baby’s head and neck during delivery.

Result : Defense verdict on liability.
Defense Attorney : For the midwife: Robert Irving Miller.
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