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$5.5 Million for Injured Child

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SETTLEMENT: Noelia Millan, indiv. An as m/n/g of Elvin Picardo v. Pillarisetty Raga, Bronx Supreme

Pltf. Atty: Peter D. Rosenberg of Rosenberg, Minc & Armstrong, Manhattan

Deft. Atty: Louise A. Derevlany of Haidell, Pitton, Murphy & Bach, P.C. Manhattan.

This action settled for $5,593,875 for the infant plaintiff. During the birth to developed shoulder dystocia wherein his shoulder would not pass through the vaginal canal, becoming impacted on the pelvic bone. Plaintiff claimed that the proper techniques were not employed to dislodge the shoulder. Plaintiff claimed that had they been used, it would have avoided excessive traction or pulling to free the shoulder. Plaintiffs claim that the infant suffered moderate damage to his left arm resulting in an inability to fully use it.

Defendant denied the use of any excessive traction or pulling of the arm. Defendant also contended that there was only a mild residual functional loss of use of the left arm.

Plaintiffs experts: Dr. Bruce Roseman, pediatric neurologist, White Plains
defendants expert: Dr. Sandra Forem, pediatric neurologist, Manhattan.