Kaiser Staff Paralyzed Baby's Shoulder, New Mom Says
LOS ANGELES (CN) - When a baby's shoulder was stuck and impeding delivery during labor, Kaiser staff injured his neck and shoulder to the extent that the nerves are now paralyzed, his parents claim in Los Angeles Superior Court Central District.
Jaysen Byous, a minor; Josephine Gaines; and Jerry Byous sued Southern California Permanente Medical Group; Kaiser Foundation Hospitals; Kaiser Foundation Health Plan, Inc. for medical malpractice and emotional distress.
When Jaysen's shoulder became stuck during delivery, instead of performing a Cesarean section, one or more delivery nurses used "inappropriate" force to get the baby out, and paralyzed the nerves that send signals from the spine to the arm, according to the complaint.
"Minor plaintiff sustained severe birth trauma and severe and permanent right brachial plexus paralysis and other neurological injury.
"Defendants, and each of them, were so negligent in all phases of their diagnosis, care and treatment of minor plaintiff's mother during labor and delivery and of minor plaintiff during and after delivery, that minor plaintiff was injured; said negligence includes but is not limited to, mismanagement of labor and deliver and mismanagement of shoulder dystocia.
"Nursing employee agents of S.B.M.C were so negligent in rendering nursing care and treatment to minor plaintiff and his mother during labor and delivery that as a proximate result minor plaintiff was injured; said negligence includes, but is not limited to, inappropriate assistance during the delivery and inappropriate use of force during delivery."
Carl A. McMahan and John W. Shaller of Los Angeles represent the plaintiffs.