Personal Injury Law

The mother of two children born a year apart alleges that Queens Hospital Center in New York City is responsible for each of them having a paralyzed arm. According to mother Annemarie Dhana, the doctors "yanked" both infants out of the womb in 2006 and in 2007 resulting in both children being diagnosed with Erb's palsy. Dhana has filed a suit accusing the hospital and its parent corporation, New York City Health and Hospitals, of negligence and malpractice at childbirth.

In papers filed in the suit, it is alleged this causes damaged nerves controlling their arm and hand. Both children, now one- and two-years-old, are still in physical therapy. Dhana also alleges in the suit that doctors were aware she had gestational diabetes, which occurs only during pregnancy. Diabetes is one of the risk factors for Erb's palsy. Dhana further claims that her care was mishandled from the prenatal stage all the way through the birth of her second child. She believes the injuries would have been avoided through a C-section or other preventative measures.

Dhana has also had to request that a judge extend a deadline for filing the suit. She missed the one year deadline for filing after her first son was born. Dhana claims this is because as a new mother, she has been burdened with trying to care for her injured children. Not only was the lawsuit not on her mind, but she was also concerned it would affect the quality of her children's care if she filed.

It should go without saying that new parents of children born with Erb's palsy are wrapped up in caring for them, and shouldn't be spending time worrying about lawsuits. That is why it is in your best interest to contact an attorney with experience in these types of cases.

If you are in the Brooklyn, Bronx, Queens, Nassau County or Suffolk County, New York area, and have a child who has Erb's palsy, please contact the Erb's palsy attorneys at Silberstein, Awad & Miklos, P.C.