PHILADELPHIA – A Philadelphia family is seeking $150,000 in damages after their minor child was injured during birth.
Aureluis Mercado, a minor by and through his parents and natural guardians, Ana M. Ramos and Jose Mercado, and Ana M. Ramos and Jose Mercado in their own right filed a complaint on Aug. 10 in the U.S. District Court for the Eastern District of Pennsylvania against the United States of America and Temple Physicians Inc., Temple University Hospital Inc. and Temple University Health System alleging negligence.
According to the complaint, on Aug. 5, 2014, Ana M. Ramos gave birth to the minor plaintiff and there were complications during the delivery because of shoulder dystocia. The suit states that the minor plaintiff was diagnosed with right brachial plexus injury/palsy and that it is permanent.
The plaintiffs holds The United States of America and Temple Physicians Inc., Temple University Hospital Inc. and Temple University Health System responsible because the defendants allegedly failed to offer or proceed with a Cesarean section delivery, failed to diagnose macrosomia and underestimating the fetal weight and size.
The plaintiffs seek judgment against the defendants in an amount that exceeds $150,000 in compensatory damages plus interest. They are represented by Daniel Jeck and Joshua B. Schwartz of Eisenberg, Rothweiler Winkler, Eisenberg & Jeck PC in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03603-JP