On January 17, 2012, following a two-week trial in Brampton, Ontario, a Superior Court of Justice Jury sitting with Justice Deena Baltman, ordered Dr. Erez Tamari of Mississauga, Ontario, to pay to Jane Armstrong, 8 years of age, a total of $1,300,000.00 for the injuries that Jane sustained during her birth on October 8, 2003 at the Credit Valley Hospital.
Jane’s mom, Karen Armstrong, who now lives in Guelph, Ontario, had a normal pregnancy, and was admitted in labour to the Credit Valley Hospital under the care of Dr. Tamari, a doctor who delivers approximately 400 babies per year.
During labour, a medical condition known as “shoulder dystocia” was encountered, where the baby’s shoulder, when descending in the birth canal, gets wedged against the mother’s pubic bone, preventing further descent.
Dr. Tamari tried to dislodge the shoulder by pulling too hard on Jane’s head that had already delivered.
In fact, Dr. Tamari pulled so hard that he tore and ruptured the brachial plexus, which is a group of nerves that exit the neck between the C5 and the T1 vertebrae and enervate the shoulders, arms, elbows, wrists and hands.
Because of the injury to the brachial plexus, Jane has been left with an arm and hand which is permanently limp. Dr. Tamari did not appeal the Jury’s decision.
