Girones Lawyers Win at Trial -Brachial Plexus Injury Caused by Force
This post was written by Andrea Girones:
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 client Sankavi Rathan in the matter of Rathan v. Dr. Scheufler. Sankavi Rathan 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 Sankavi’s severe injury was caused by physician negligence at her birth.
Sankavi Rathan 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, Sankavi and her family were awarded monetary damages including future care costs, funds to purchase assistive devices for Sankavi and compensation for her 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 Sankavi 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.
