West Chester, OH—a jury recently awarded the family of Dylan Nitzsche, now 4 years old, $1.63 million for birth injuries he sustained that left his right arm useless. The jury returned the verdict on Friday, finding the two doctors and the OBGYN office where the boy was delivered, negligent for failing to properly monitor the mother’s health.
Doctors Michael Katz, Sherry Johnson, and the Seven Hills OBGYN office were found guilty of negligence for failing to properly monitor Amy Nitzsche for gestational diabetes, a problem she had during her first pregnancy. Furthermore, the jury also found the doctors negligent in properly keeping Amy informed about the risks of gestational diabetes including large babies and difficult pregnancies.
Dylan Nitzsche weighed 10 lbs., 13 oz. when he was born and was delivered vaginally. Unfortunately, his right shoulder got caught in the birth canal and doctors attempted to free him, which led to the damage to his arm. Ultimately, the Nitzche’s attorney, Michael Becker, argued that the child should have been delivered via Caesarian section, which Amy requested prior early during labor. The award will go towards Dylan’s current and future medical expenses, the family’s pain and suffering, and loss of earnings.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.