New York, NY (PRWEB) January 10, 2013
On Wednesday, January 9, 2012, Attorney Joseph M. Lichtenstein has a pair of pre-trial conferences scheduled on two separate brachial plexus injury cases in New York. In early 2012, Mr. Lichtenstein made groundbreaking history when he took the case Muhammad v. Fitzpatrick (CA 11-01764) to the Supreme Court of New York Appellate Division. In this case he represented a mother whose child had been victimized by a severe brachial plexus injury.
Per court documents, his client had initially attempted to pursue a medical malpractice case on behalf of her child but was denied based on the “maternal forces of labor” defense. This specific defense had been successfully utilized by medical professionals for over twenty years in medical malpractice cases, thus making obstetricians completely absolved of any responsibility for such injuries.
What is a brachial plexus injury? The brachial plexus is a network of nerves that conducts signals from the spine, down to the shoulder, arm, and hand. Brachial plexus injuries are caused by damage to those nerves and can result in shoulder trauma, weakness, and a lack of sensation in the arm or hand. In the case of infants, a brachial plexus injury can be caused during childbirth when the baby’s shoulder is stretched or pulled by the obstetrician during the passage down the birth canal. The most severe type of injury is called avulsion, and this occurs when the nerve root is literally severed or cut from the spinal cord. With an avulsion injury, there is no chance for recovery unless a surgical reconnection is made immediately.
In the case of Muhammad v. Fitzpatrick, per court documents, the mother’s infant experienced an avulsion injury and the child’s nerves were ripped at three different root levels in total. Mr. Lichtenstein spent more than two years building a case against the “maternal forces of labor” defense; he was able to prove that such defense was “junk science” and that there was no scientific evidence backing up this theory. In 2012, per court documents, the judge agreed and Mr. Lichtenstein made history, thereby opening the door for brachial plexus injury victims to pursue damages in medical malpractice cases across the country. The New York Law Journal ran an article on its front page stating that the decision was “huge.”
In both brachial plexus injury cases (Ochiaga v. Our Lady of Mercy Hospital, Case No. 13667-2003 and Pagan v New York City Health and Hospitals Corporation, Case No. 23947-2005) in which Mr. Lichtenstein will be appearing in court, per court documents, the infants were afflicted with a serious permanent injury and paralysis due to this incomplete delivery method. Both of these children are estimated, per court documents, to have to endure a lifetime of disability due to their injuries. Mr. Lichtenstein has worked very hard to prevent these injuries to children, and many like them from being deprived of fair and just compensation based on the false “science” defense which has been used and abused for over 20 years to defend cases throughout the country.
The Law Offices of Joseph M. Lichtenstein, PC is a medical malpractice law firm located on Long Island, New York. With over 60 years of collective experience, the firm has the qualifications and credentials to litigate the most complex medical negligence and malpractice cases in New York. The firm has achieved numerous multi-million dollar settlements on behalf of malpractice victims and their families, and attorney Lichtenstein has been included in the selection of New York’s list of Super Lawyers®, which is a distinction given to just 5% of attorneys in the state. To contact a caring, compassionate, yet aggressive malpractice attorney from the firm, please call toll free at (888) 392-3104 or go online at http://www.medicalattorneyny.com.