injury without traction/LITIGATION ALERT!!!!!!!!

[Ken. Levine]

Recently a case report was published in the March 2008 American Journal of Obstetrics & Gynecology : Permanent Brachial Plexus Injury Following Vaginal Delivery Without Physician Traction or Shoulder Dystocia, Lerner, Henry M. MD; Salamon, Eva M. This case report, which claims that a child suffered a brachial plexus injury without traction or shoulder dystocia, has been makings the rounds with defense experts and is becoming the basis of defense experts testimony.

THE REPORT IS FRAUD!!!!!!!!

In fact,the delivery that is the subject of the article was the basis of medical malpractice litigation in the State of Florida in which it was alleged that there was in fact excessive traction used by Dr. Salamon at the delivery. I represented the Plaintiffs in the case. Two medical experts were prepared to testify that Dr. Salamon failed to recognize the indications for shoulder dystocia during the delivery and that subsequently Dr. Salamon improperly used excessive traction in the delivery of the child causing the brachial plexus injury.

On the complication sheet prepared by the nurse the box for shoulder dystocia was checked and then crossed out by Dr. Salamon and “soft tissue dystocia” is written in. There is also a note in the child’s hospital record that there was a shoulder dystocia at birth. Also, later in the child’s treatment records from the pediatrician it states “ classic erbs palsy” which he relates to classic shoulder dystocia.

The case was settled prior to trial.

Based on the actual facts, the case report is at least incorrect and misleading and at worst fraudulent.

If you are currently in litigation or discussing your case with an attorney it is important that you pass this information to your lawyer. Your lawyer needs to know the background so that he/she can combat this misleading report if the defense attempts to use it against you.

I am prepared to provide you with copies of the medical records, deposition transcripts and other information in support. I have demanded that the American Journal of Obstetrics and Gynecology immediately withdraw the article and publish a retraction but no action has been taken yet.

Please contact me, or have your lawyer contact me for more information.

Kenneth Levine
Kenneth Levine & Associates
617-566-2700
Klevine@Klevinelaw.com
www.Klevinelaw.com

[Jeannette Curran]

Thank you for sharing this information. I always find your responses and input very informative. It is great to have the support from a professional.

[katep]

Is this the case?

https://ori2.polk-county.net/ct_web1/ca ... crttype=CR

[Ken. Levine]

yes, that is the case.

Kenneth Levine
617-566-2700
Klevine@Klevinelaw.com
www.Klevinelaw.com

[karategirl1kyu]

Ken- Why Haven't you responded to my emails or sent me the information that you said you were going to when we talked on the phone?
~Mellissa Lawing, LOBPI

[Ken. Levine]

Hi Melissa,

we have sent the material to you twice. We will send it again today.

Ken Levine

[karategirl1kyu]

Mail at my school is a pain, but my mom hasn't gotten anything either...

[mlynn]

thank you
i am not surprised at this plus in florida. my faith is gone. i am sure every one is happy to get these bits of info from you Ken. thanks again