Connecticut Jury Awards Almost $2.6 Million for Erb’s Palsy Birth Injury

By Amy Hill

Published on November 22, 2006

During birth, Omar Earlington Jr. endured stretching of the nerves that run from his right arm to the spinal cord, a condition known as Erb’s palsy. The permanent condition prevents him from completely straightening his arm or raising it above shoulder level. As a result, he will require lifelong therapy and assistance in daily tasks.

Dr. Anthony Anastasi, a now retired obstetrician, began the delivery of but was later aided by a medical assistant. The lawsuit alleged that Anastasi pulled the baby’s head several times with a vacuum extractor and used too much force in trying to free the baby’s shoulders from the birth canal. The jury found Anastasi negligent in his use of the vacuum but did not find unanimously that he should have performed a caesarian section.

The baby’s mother, Tamara Earlington, was awarded $108,000 for the emotional distress she has suffered as a result of her son’s birth injury.

Lawyer Kathleen L. Nastri explained that the Earlingtons are also entitled to 12 percent interest because the nearly $2.6 million verdict exceeds the $1 million offer of judgment made by the family last year. This interest could push the total award amount to $3.5 million.

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