As many of you know for the past few years I have been fighting against a medical article published in the American Journal of Obstetrics and Gynecology written by Dr. Henry Lerner and Dr. Eva Salamon titled "Permanent Brachial Plexus Injury Following Vaginal Delivery Without Physician Traction or Shoulder Dystocia" The article claims to be the first case report of a delivery with a permanent brachial plexus injury in the absence of shoulder dystocia and clinician applied traction. Since its publication in 2008 this article has become the principle medical article used by the defense at brachial plexus trials to support the idea that permanent brachial plexus injury is not caused by physician applied traction but rather by the mothers maternal pushing forces. First, we know from every piece of credible medical research that the mothers maternal pushing forces are not strong enough to cause a permanent brachial plexus injury. Second, and more important, the article is fraud. In fact, for reasons I would be pleased to expand upon, I have evidence that in fact at the delivery that was the subject of the article there was a shoulder dystocia and traction was applied by the doctor.
When I first learned of the article I did write to the American Journal of Obstetrics and Gynecology and the American College of Obstetrics and Gynecology (ACOG), the organization that publishes the Journal, and demanded a retraction. Both the Journal and ACOG refused.
This article must be stopped. It has caused juries across the country to find against your children at trials of brachial plexus birth injury cases.
In an effort to take down the article once and for all my firm is filing a lawsuit in the United States District Court in Massachusetts claiming that article is fraudulent and deceptive and therefore violates Massachusetts' very strict consumer protection law. This is the first time in the country that a consumer protection law has been used to fight against misleading and deceptive medical literature.
I am searching for any families who lost their brachial plexus case at trial in which the Lerner/Salamon article was referenced or discussed. If you lost your case at trial and am uncertain if this deceptive article was used by the defense please ask your lawyer. If this article was used at your trial I may be able to add you to the federal lawsuit. For some of you it may be a second chance to have your case heard. At the very least you will be helping us stop the use of this deceptive and misleading medical article.
I hope to hear from some of you. We must take every action to take down this article before it can be used against one more of your children. Thank you.
I find this post very interest and l would like to offer my thoughts being born in the 50s with birth erbs a broken shoulder and elbow broke to My mom push so hard , she broke my elbow and shoulder pushing to hard and gave me my erbs:roll: Fact is My Mom was 5 feet 2 inches I weighed 12 pounds at birth , my Mom never given a choice, no the doctor drag me out causing my erbs with Forceps
I hope now what I say you understand and a possible fact for your cases
What I do know there are birthing tools , like Forceps
I do know that if a birthing tool was used the hospital would of bill it and a record is out there.
So much for mothers pushing to hard
If you can show that a birth tool was billed than , the doctor would have to explain why it was used
But using there position , of a mother pushing to hard than , why did the doctor not say??
Stop pushing so hard your hurting your baby, It seems that offering a possible need for a saurian at the birth , before picking up a birthing tool or the position of pushing so hard, seems to never happen when these injury happen.
Do birthing Doctors get training on how to use birthing tools and when to talk about a possible needed saurian happen to a mom I do not understand how insurance company do no not become party in these cases of injuries, instead they give parents of babies with these injured a hard way to get things covered, just dont get this
The accountably still falls on the doctors when nether happens and a tool is used. Should not a mother have a choice between using a tool or having a saurian?? What happen to doctors oath of cause no harm
Just another shell game it seems, by a defendant
Just thinking, I hope this will help you in your cases, If your in a case now it might be worth talking to your lawyer about what I said here??? Will it help
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