ON WEDNESDAY, the Georgia Court of Appeals heard a case that has obstetricians riled up. Atlanta lawyer Joseph H. King Jr. is appealing a directed verdict that Fulton Superior Court Senior Judge Elizabeth E. Long entered against his client, a 9-year-old boy whose mother alleges that during his birth he suffered what’s called a brachial plexus injury, which involves nerve damage at the shoulder.
The American College of Obstetricians and Gynecologists and the Georgia Obstetrical & Gynecological Society, both represented by the Atlanta firm of Peters & Monyak, have filed amicus briefs in the case. They say that Long was right to reject the testimony of an expert for the plaintiff because the expert’s position is scientifically false. According to the defendant doctor’s lawyer, Judson Graves of Alston & Bird, the expert’s position was that essentially all brachial plexus injuries are the result of the physician pulling too hard as the baby is born.
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