Professional Negligence Law Reporter

Angelle Morley suffered from gestational diabetes and was at high risk for having a large baby. When she became exhausted during active labor, her treating obstetrician, Ralph Dauterive, applied forceps to the baby’s head. The baby’s left shoulder became impacted on Morley’s pubic bone, and Dauterive allegedly used lateral traction to deliver the baby, who weighed more than nine pounds at birth. Now seven, Morley’s son has been diagnosed as having a brachial plexus injury, which has left him permanently disfigured and with a dysfunctional left shoulder and hand.

Morley sued Dauterive, alleging he failed to diagnose macrosomia, which was indicated on an ultrasound, and failed to measure fundal height. The plaintiff also alleged the defendant responded improperly to shoulder dystocia by using lateral traction instead of the McRoberts maneuver. Suit also claimed the defendant performed the delivery in a traumatic and aggressive manner.

The jury awarded $15.75 million.

Citation: Morley v. Dauterive, No. 572,203 (La. Dist. Ct. East Baton Rouge Parish Sept. 18, 2023).

Plaintiff counsel: AAJ member James d’Entremont and Sarah E. Hunter, both of Baton Rouge, La.