Family Awarded $3.49 Million in Erb’s Palsy Lawsuit

A Connecticut jury awarded a young boy and his mother $3.49 million in damages for injuries he sustained during childbirth. The verdict is believed to be the largest ever for a medical malpractice case in the state.

Omar Earlington, Jr., 4-years-old, suffers from Erb's palsy as a result of nerve trauma sustained during delivery. Erb's palsy is a condition marked by paralysis by any or all of the muscles of the upper arm.

“He has some movement in his right arm, because there was some slight recovery of the nerves. He cannot put his hand over his head. And he has contractures at the elbow and shoulder joint. His arm never fully straightens,” said Kathleen Nastri, attorney for Omar and his mother, Tamar Earlington.

The lawsuit claimed that Anthony Anastasi, Earlington's obstetrician, failed to properly evaluate his patient's ability to safely birth her child. Because of Earlington's small pelvis and the size of the fetus, she should have had a Caesarean section.

Instead, Anastasi used excessive force to extract the baby when he became lodged in the birth canal, and this caused him to suffer nerve damage to his right shoulder.

The jury held Anastasi and F.A.L. Medical Associates responsible for Omar's condition. The original award was $2.69 million, but Judge Lois Tanzer increased the award to include interest.

Nastri said the award will help the family to “make sure this baby is take care of, that he gets the treatment and education he needs to overcome the disability.”

If your child was born with Erb's palsy or cerebral palsy as a result of medical malpractice, you may be entitled to compensation for your losses and suffering. Please contact us today for a FREE consultation with a compassionate and experienced cerebral palsy lawyer who can help you understand your legal rights and options.