KWMC Obtains Summary Judgment in Labor & Delivery Case

KWMC partner, Stephanie Johnston, was successful in a motion for summary judgment in a medical malpractice action venued in Queens County.  The plaintiff claimed that the negligent labor and delivery of an infant with shoulder dystocia caused Erb’s palsy.  In an order dated July 19, 2024, Judge Catapano-Fox granted the motion for summary judgment, finding that the defendants established that there were no risk factors that would indicate that possibility of shoulder dystocia.  The court further found that, once shoulder dystocia was noted, the defendants established that the appropriate protocols and maneuvers were implemented to dislodge the shoulder, and deliver the infant safely.