Jury Favors OB-GYN in Medical Malpractice Lawsuit Over Birth Injury

Monica Wren filed a medical malpractice lawsuit against Dr. Dabney Hamner on behalf of her infant daughter, SJD. The suit claimed Dr. Hamner acted negligently during delivery, leading to SJD’s shoulder dystocia and permanent brachial plexus injury. It alleged that Dr. Hamner failed to account for the risks associated with SJD’s macrosomic size and should have scheduled a planned C-section to avoid these complications.

In 2016, Monica Wren received prenatal care from Dr. Dabney Hamner, an OB-GYN at Southeast Women’s Healthcare. She had her first appointment at 13 weeks on May 10, 2016. Her pregnancy was mostly uneventful, apart from her obesity—she weighed 345 pounds. A prenatal ultrasound also indicated she was carrying a very large baby.

In October 2016, Wren arrived at Baptist Memorial Hospital DeSoto for a scheduled delivery, with Dr. Hamner overseeing her care. During labor, shoulder dystocia arose, posing significant challenges during delivery. Dr. Hamner used the McRoberts maneuver and applied suprapubic pressure to resolve the issue. These efforts led to the successful birth of a baby girl, referred to in medical records as SJD. The newborn was exceptionally large, weighing just under 11 pounds.

During delivery, SJD sustained a brachial plexus injury, which was identified immediately. By the time of trial, at age eight, she had undergone extensive physical and occupational therapy. Despite these efforts, she still experienced lasting effects consistent with Erb’s Palsy, including persistent weakness in her arm.

The Plaintiff’s expert, Dr. Hugh Ehrenberg, an OB-GYN from Penn Valley, Pennsylvania, argued that Dr. Hamner should have referred Monica Wren to a maternal-fetal specialist due to the baby’s large size (macrosomia) and the associated high risk of shoulder dystocia. The Plaintiff supported her case with additional expert testimony.

Dr. Howard Katz, a physical medicine specialist from Jackson, confirmed SJD’s permanent injury to her right shoulder and arm.

Bruce Brawner, a life care planner from Madison, and Bill Brister, an economist from Jackson, quantified SJD’s damages. Brister estimated her lost future earnings at $137,000 and her loss of household services at $189,000. Future medical care costs were projected to range between $288,000 and $415,000.

In response, Dr. Martin Tucker, an Ob-Gyn from Jackson, served as Hamner’s liability expert, while Hamner also testified in his defense as an expert witness. Additionally, Dr. Collette Parker, a pediatric neurologist from Jackson, emphasized that SJD’s mild brachial plexus injury had significantly improved with physical therapy. Parker expressed optimism about her prognosis, suggesting she would face a few limitations. While she may be unable to perform manual labor involving heavy overhead lifting, SJD is expected to graduate high school, attend college, and even pursue an advanced degree if she chooses.