Sullivan Papain Secures $1 Million Settlement in Birth Injury Medical Malpractice Case

Sullivan Papain is pleased to announce a $1,000,000 settlement secured by Members Elizabeth Montesano and Eleni Coffinas on behalf of a child who sustained permanent neurological and orthopedic injuries as a result of medical negligence during birth.

The case arose from the child’s delivery in 2017 following an otherwise healthy, full-term pregnancy. After the child’s mother was admitted to the hospital, labor was induced with the expectation of a routine vaginal delivery. During the birth, however, the baby’s shoulder became lodged behind the mother’s pelvic bone, a serious obstetrical emergency known as shoulder dystocia.

The lawsuit alleged that, rather than following accepted standards of care for safely managing shoulder dystocia, the medical team improperly applied pressure to the mother’s abdomen while simultaneously exerting excessive traction on the baby’s head and neck. According to the allegations, these actions caused a permanent brachial plexus nerve injury, commonly referred to as Erb’s palsy, resulting in lasting damage to the child’s right arm.

Now eight years old, the child continues to experience significant weakness, deformity, and limited function in his right arm. Everyday activities that many children take for granted—including dressing, eating, and writing—remain challenging. His injury also limits his ability to participate in sports and other physical activities with his peers. Treating physicians anticipate that he will require ongoing medical care, therapy, and potentially additional surgeries as he grows.

The long-term effects of the injury extend beyond his current physical limitations. Medical experts expect the permanent impairment to affect future educational, vocational, and career opportunities. Certain physically demanding professions, including military service and law enforcement, may no longer be realistic options because of the permanent loss of strength and function in his arm.

With trial scheduled to begin in September 2026, the parties participated in private mediation in July 2026. The matter was successfully resolved with a $1,000,000 settlement.

Learn More About Firm Member Elizabeth Montesano 

Elizabeth Montesano, a firm member, is a vigorous advocate for people injured due to medical malpractice. Ms. Montesano handles all types of medical malpractice cases, including birth injuries, delays in cancer diagnosis, and surgical and cardiac cases.

To learn more about firm Member Elizabeth Montesano, click here.

Learn More About Firm Member Eleni Coffinas

Eleni Coffinas, a member of the firm, is a vigorous advocate for people injured due to medical malpractice. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. Ms. Coffinas handles all types of medical malpractice cases, including birth injuries, cancer diagnosis delay, and surgical and cardiac cases.

To learn more about Firm Member Eleni Coffinas, click here.