Barbara MacFarlane

The defendant brought a threshold motion during jury deliberations in a motor vehicle accident trial.

The jury awarded the plaintiff damages for pain and suffering, out-of-pocket expenses, and future health care costs.

The court applied the three-part test from Meyer v. Bright and found that the plaintiff suffered a permanent serious impairment of an important physical function due to chronic pain.

The defendant's threshold motion was dismissed, and the jury's award was upheld subject to statutory deductibles and collateral benefit deductions.

The plaintiffs brought a medical malpractice action against the defendant obstetrician, alleging that he negligently caused a permanent brachial plexus injury to the infant plaintiff during delivery.

The plaintiffs argued that the defendant applied excessive downward lateral traction and improperly directed supra-pubic pressure after encountering shoulder dystocia.

The court found that the defendant met the standard of care expected of an obstetrician in 2004, properly executing the required maneuvers to resolve the obstetrical emergency.

The court rejected the plaintiffs' argument that the mere presence of the injury inferred excessive traction, noting that medical literature and expert evidence established that such injuries can occur from endogenous forces or gentle traction.

The action was dismissed.