Andrea Girones is pleased to announce that after a 4 month trial on Zoom, Justice Emery of the Superior Court of Ontario, has ruled in favour of our young client in the matter of Rathan v. Dr. Scheufler. The young plaintiff sustained a permanent birth injury to her right brachial plexus, a nerve matrix found in the shoulder area and which controls the shoulder, arm, wrist and fingers. Several nerve roots had been pulled right out of the spinal spinal column, ( known medically as an “avulsion”. The physician agressively disputed his culpability. The Court found, in this lengthy decision, that the baby’s severe injury was caused by physician negligence at her birth.
Our client was delivered by Dr. Peter Scheufler who encountered an obstetrical complication known as “Shoulder Dystocia”. Such a complication has the potential to injure the brachial plexus if the proper maneuvers are not used or excessive force is employed. The Court held that Dr. Scheufler, on balance, did not employ the proper maneuver and caused the child’s injury.
As a result, our client and her family were awarded damages for future care costs, funds to purchase assistive devices and compensation for future lost income. Girones Lawyers were able to fend off the legal and medical attempts to find other causes and are very pleased to have helped this young woman and her family.
If your child has sustained a brachial plexus injury please call or email our office today for a free consultation to see if your child may have a case as well. We are based in Ontario but support and refer to talented lawyers across Canada. Please email Andrea at agirones@gironeslaw.com or call toll free at 1-866-701-5811.
