United Brachial Plexus Network, Inc.

I am trying very hard to stay calm but it's getting harder everyday. We are in the second week of trial and it's not looking good. I had gestational diabetes, preclampsia, first preg, hospitalized for five weeks between second and third trimesters, on insulin and my obgyn kept telling me that I was in need of a c-section because baby was very big. Did an ultra sound three days before water broke and scheduled the csection because of size. Doctor left for vacation, covering doctor said there was no need for a csection and that I could deliver on my own. After 14 hours in labor (fully dilated because they gave me pitson) by 8 am. Sent to hospital day before when water broke. Doctor never bothered to look at my chart and never sent for it because it didn't make it to hospital. Used forceps because baby went in distress. Broke left arm and caused right erbs palsy. Child has had four surgeries to date and Dr. Nath is recommending another. IN HIS DEPOSITION, the doctor admitted that if he had seen my chart he would of done a csection no matter what I said. Because I kept asking for and telling him what my doctor said. Their expert witness says that macro means size of baby at birth, ours said at 36 weeks he was estimated to be 3650 grams plus or minus 500, so that would make him macro, at birth he was 8 lbs 12 ounces. Also their expert said ACOG does not feel that macrosomic babies cause shoulder dystocia or erbs palsy. There is no indication or red flag that would make a doctor suspect a shoulder dystocia from occuring I could go on and on, but I am so upset. I can't believe this is happening. I am afraid that I'll have an outburst tomorrow if I hear one more time that his jerk saved my baby's life and from having brain damage. AND that by doing what he did he actually prevented me from getting hurt or having complications. Thank you for letting me vent. Sorry its so long.

Hang in there and keep your cool. They do everything they can to break you down and apart. You need to stay calm and trust in yourself and your lawyers. Will be praying for you. Good Luck.

Ditto with guest

I agree....vent away. They are trying to win thier case, and as such are presenting you and the birth in the best possible light for them. You know it isn't true....keep true to yourself and your little one, and trust in your lawyer.

PLEASE keep calm and trust your lawyer....I am sending many prayers your way today...please post every day and vent to us.
Carolyn J

Please take a deep breath... if you loose it he will feel more confident... you are in my prayers and remember he is the liar. If your doctor was set for C-Section and he did not check the records he failed to do his job before the birth even started.
I will keep praying that you win.
Kath

You vent, girl. We're with you. That ACOG stat about macrosomia not linking to BPI is such a crock. If I remember correctly (I would have to track down the article), yes, most BPI babies are not macrosomic, but macrosomic babies have a much higher risk of SD and BPI than non-macrosomic. Just remember, the defense doesn't care a rip about truth or about a disabled baby. They care about keeping their precious $$$, and that is ALL they care about. Please keep the faith. We all support you. Keep us posted, okay?

It is all just sooooo wrong and so very hard. When I read your post my heart went out to you. Hang in there and be strong. Try to stay focused until it is over. I will certainly keep you in my thoughts and prayers. Thanks for sharing with us.

Dear Anon
How did the trial go? I was off line (computer broke) and am going back a month catching up.

Believe it or not my LOBPI daughter is now 20, and I never sued. I discussed that on the boards last summer.

However, I opened a commercial union construction company when she was only age 2, in 1986. I did this so my daughter would have insurance to cover her LOBPI injury (long story as to why I had to do this).

In 1990 there was an accident on scaffold. My construction company was SUED and it went to trial in 1995. Even though he was paid workers comp mucho dollars) However, he could sue because it was on scaffold (scaffold law was repealed by trial date) He did injure his ankle, but it was O.K. by the time of the trial, 5 years later.

In order for me to keep my mind and hands busy I asked my attorney if I could take notes. I wrote down everything that was said. That worked, and at times my attorney would ask me to look something up in my notes, for his cross examination. I imagine this info comes to late.