$700,000 Settlement - Medical malpractice - Birth injury - Plaintiff's arm permanently injured during childbirth

Ocean County

On May 20, 1989, plaintiff T.R. was born at Community Medical Center in Toms River, at which time she suffered shoulder dystocia and nerve damage at the time of her birth.  Upon turning 18, Rhoades sued her mother's obstetrician, Dr. Paulita Payumo, alleging medical malpractice.  Now 19, she has only limited use of her left arm and it is smaller than her right one.

Plaintiff's counsel contended the during T.R.'s birth, Dr. Payumo applied excessive pressure on her left brachial plexus when her shoulder became stuck behind her mother's pubic bone.

Dr. Payumo maintained that she tried to reposition the mother and reach into the womb to rotate the baby, but neither maneuver freed the baby.  The use of fundal pressure, which would have been contraindicated, was a critical factual issue in the case.

The parties settled for $700,000 prior to trial.

REFERENCE:

T.R. v. Paulita Payumo, M.D. Docket no.: OCN-L-3258-06

Attorney for plaintiff, Charles A. Cerussi of Cerussi & Gunn, P.C. in Shrewsbury, NJ and Garden City, NY