Court awards $1 million to Jackson County 6-year-old injured at birth - News - MailTribune.com - Medford, OR

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2015-08-01

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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED   » NEWS NOW   Since You Asked: You can collect driftwood, but there are rules       ...       Stouts fire sends smoke into Rogue Valley, still threatens Douglas County homes       ...       Air quality suffers as smoke floods Rogue Valley; evacuations ordered in Azalea       ...       Since You Asked: You can collect driftwood, but there are rules       ...       Stouts fire sends smoke into Rogue Valley, still threatens Douglas County homes       ...       Air quality suffers as smoke floods Rogue Valley; evacuations ordered in Azalea       ...           COURTS Court awards $1 million to Jackson County 6-year-old injured at birth Jury finds Medford doctor negligent Comment By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Mar. 20, 2015 at 7:57 PM Updated Mar 21, 2015 at 3:14 PM By Damian Mann Mail Tribune Posted Mar. 20, 2015 at 7:57 PM Updated Mar 21, 2015 at 3:14 PM »  Social News A Jackson County Circuit Court jury on Friday awarded $1 million to a 6-year-old girl whose shoulder nerves were ripped out during birth, which had led to a malpractice case against a Medford obstetrician. “She’s got a severe, permanent injury,” said Elden Rosenthal, Gwendolyn Eichman’s Portland attorney with the firm of Greene and Devlin PC. The jury found that Dr. Miguel Carbonell, a Medford obstetrician, was negligent in his handling of Gwendolyn’s delivery, Rosenthal said. The jury in the courtroom of Judge Timothy Gerking also found that Asante, the operator of Asante Rogue Regional Medical Center, was not negligent, Rosenthal said. The trial lasted three weeks. Rosenthal said Gwendolyn was diagnosed with shoulder dystocia — a condition where the shoulders get stuck — prior to her birth. Her shoulder was pinned against her mother’s pubic bone. Doctors usually employ a series of techniques to minimize damage during delivery, Rosenthal said. “The jury concluded Carbonell used excess traction in delivering the baby,” Rosenthal said. Since her birth, Gwendolyn has undergone three surgeries, but she will have limited use of her left hand, Rosenthal said. “It will have an impact on her life, but she’s a very intelligent young girl with a great attitude and great parents,” Rosenthal said. The $1,012,000 settlement will be controlled by the court until Gwendolyn turns 18. Rosenthal said Gwendolyn’s family lives in Jackson County. Attorneys for Carbonell and Asante could not be reached for comment late Friday. According to court documents, attorneys for Carbonell argued the injuries resulted from maternal forces during child birth. Carbonell, in court documents, stated Gwendolyn’s mother was admitted on Sept. 12, 2008, and labor progressed normally until Carbonell recognized the birth as a shoulder dystocia. Eichman was born later on the same date. During testimony, Carbonell said no pressure was applied to the mother’s abdomen during delivery because it wasn’t appropriate during births with shoulder dystocia. Reach reporter Damian Mann at 541-776-4476 or [email protected]. Follow on Twitter at @reporterdm. By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Mar. 20, 2015 at 7:57 PM Updated Mar 21, 2015 at 3:14 PM » Comment or view comments   Reader Reaction »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed   Email newsletter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved.    Privacy Policy  |  Terms of Service  |  Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501