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Partner Kenneth J. Burford, and Associates Brandon J. Fernandes and Sarah E.T. Ertle successfully obtained Summary Judgment in a case involving a then 29-year-old pregnant female with a significant history of backpain and generalized body aches who had a normal pregnancy until 32 weeks gestation; at 32 weeks, she reported groin/upper leg pain and lower back pain.She presented to the hospital with contractions. After consultation with the obstetric staff, she desired a trial of labor after a prior Cesarean section. Plaintiff delivered a healthy baby, and complaints of perineal and abdominal pain were resolved with pain medication. Eight weeks later, Plaintiff complained of pelvic and right lower back pain, which she stated had been ongoing since she was seven months pregnant. A pelvic X-ray on March 13,2017, revealed no significant findings. She continued to complain of pelvis, hip, back, and leg pain.
On January 22, 2018, over a year after giving birth, a pelvic MRI showed a “possible tear of the anterosuperior right acetabular labrum.” Plaintiff alleged that the hip injury was a result of her positioning during the delivery. MCB was able to show, through experts in obstetrics and orthopedics, that the delivery, including positioning, was not the cause of any hip injury (assuming one existed).
Additionally, Plaintiff’s claims of negligent hiring, supervision, and retention were deemed “unviable,” and Judge Engoron granted Summary Judgment.