Harrison v. United States

Kenyeda Taft (the Patient) informed Dr. Louis Las, the Defendant that her first child suffered from Erb’s Palsy as a result of a shoulder dystocia that occurred during a vaginal birth due to the baby’s large size of nine pounds. The Defendant’s usual practice at the time for patients who had had a prior large baby was to determine the estimated fetal weight via ultrasound at about 37 weeks gestation. If the estimated weight exceeded 4500 grams, the Defendant would offer the patient an elective Cesarean section (C-section). If the estimated weight was under 4500 grams, the Defendant would recommend inducing labor at 37 or 38 weeks gestation.

After the Defendant met with the Patient, he obtained the delivery record of the treating obstetrician from the Patient’s first child. The record indicated that the birth occurred without complication and was the “gold standard” of what happens during a delivery. This lead the Defendant to conclude that the Patient did not experience a shoulder dystocia during her first birth. Instead, the Defendant believed that the Patient’s first child developed Erb’s Palsy spontaneously. The Defendant testified that he would have discussed the option of an elective C-section with a patient if there was documented evidence of a previous shoulder dystocia resulting in an injury, but since no such evidence existed here, he did not.