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Science 2013-04-21 2 min read

The Law Offices of Joseph M. Lichtenstein Obtains $2.1 Million Verdict in an Erb's Palsy Case

1 year ago Mr. Lichtenstein's firm made national headlines by being the first firm in the country to preclude the maternal forces of labor theory as "junk science" at an Appellate level in Muhammad v. Fitzpatrick.

MINEOLA, NY, April 21, 2013

On Tuesday, April 16, 2013, Mr, Lichtenstein's firm obtained a 2.1 Million Dollar verdict in a Brachial Plexus/ Erb's Palsy case tried in Cooperstown, New York, Brandenburg v. Bassett Hospital.

After prosecuting the case for many years, Mr. Lichtenstein retained Christina M. Sonsire, a highly gifted medical malpractice lawyer in Elimria New York, as trial counsel As Ms. Sonsire stated that "The tremendous outcome of this trial was the result of a true team effort. She noted that Mr. Lichtenstein was involved in every step of the trial process and that his "depth of knowledge in the area of birth trauma along with his keen sense if trial tactics were invaluable."

During the trial, Mr. Lichtenstein authored motions to preclude the same "junk science" as the defense sought to use in the Muhammad Case - i.e., that the brachial plexus can suffer a permanent injury through the maternal forces of labor.

The brachial plexus is the name for the nerves that extend from the spine to the neck to the arms. These nerves can be damaged during a shoulder dystocia - when the head is delivered but the shoulder becomes stuck in the maternal pelvis. If the delivering physician improperly applies excessive force or traction to dislodge the shoulders, the nerves can be stretched to the point of being ripped apart or ripped from the spinal cord.

The maternal forces of labor theory of the defense hypothesizes that these injuries are caused by the force of maternal contractions during normal labor. Mr. Lichtenstein exposed this theory as having no true scientific foundation.

The result of Mr. Lichtenstein's motions during the Brandenburg trial was that one defense expert who wanted to testify to "junk science" was effectively precluded, and the falsity of the other expert's position was readily and completely exposed.

Mr. Lichtenstein continues to seek justice for children who suffer severe trauma due to negligent medical care by doctors and hospitals.

By helping their clients obtain multi-million-dollar verdicts like this one, the lawyers help their clients gain access to much-needed compensation for the losses that are suffered. When patients are harmed due to the mistakes of medical professionals, they have the legal right to hold the responsible party legally liable. Medical malpractice cases can be extremely complex, so it is best to work with an experienced medical malpractice lawyer.

The Law Offices of Joseph M. Lichtenstein has over 60 years of combined experience handling medical malpractice trials and litigation, and has prosecuted more than 1,000 cases in this area. The firm has won dozens of 7-figure verdicts and settlements for clients, even in some of the most challenging of cases. Mr. Lichtenstein's advanced knowledge in his field has led to him being invited to serve as a lecturer at recent national continuing education conferences for lawyers. The Law Offices of Joseph M. Lichtenstein handles various types of medical malpractice cases. Anyone who wants to learn more about the firm's medical malpractice litigation services can call the firm's office or visit its website at http://www.medicalattorneyny.com.