Jesse Reiter Discusses Controversial Article
In March, 2008, the American Journal of Obstetrics and Gynecology (AJOG) published an article reporting that a baby girl, Glorianne, experienced Erb’s palsy the instant she was born. Erb’s palsy is temporary or permanent paralysis of the arm caused by severe stretching or tearing of the arm’s nerves. Glorianne was 8 years old when the article was published and the AJOG declared that her Erb’s palsy was permanent.
The American Journal of Obstetrics and Gynecology argued that the tearing of Glorianne’s nerves resulted solely from the natural forces of labor and deliver, instead of from excessive force from the physician and medical personnel. Until the point this article was published, a case had never been reported where a baby developed permanent Erb’s palsy without the physicians applying some type of traction (force) during delivery.
Shortly after publication, an attorney who had worked on Glorianne’s case (Ken Levine) read the article. Levine knew from reading Glorianne’s medical records and from a deposition given by Glorianne’s physician that the article was, without a doubt, false. Levine informed AJOG that the article was based on events that never occurred, but AJOG refused to retract it. The article has been used by defense attorneys around the nation to defend brachial plexus injury malpractice cases. Levine has filed a lawsuit against AJOG, its publishers, and the physicians who wrote the article for unfair and deceptive business practices that have injured plaintiffs.
Jesse Reiter, Michigan Birth Injury Lawyer, on the AJOG’s Erb’s Palsy Article
Jesse Reiter, birth injury lawyer and founding partner of Reiter & Walsh ABC Law Centers, was interviewed by Lawyers Weekly regarding AJOG’s controversial Erb’s palsy article. Below is an excerpt from the article that was printed in 2013.
Jesse M. Reiter, of Reiter & Walsh P.C., said that for plaintiffs’ lawyers to combat such evidence, knowledge is power.
“If an expert can get away with it, they’re going to use this article,” Reiter said.
He said that this will happen to birth trauma plaintiffs’ attorneys in the state who are not part of legal organizations—such as, for example, the Michigan Association for Justice or the American Association for Justice’s Birth Trauma Litigation Group—that continually educate members.
“The best sword against this is being informed and bringing it to the court’s attention,” Reiter said. “I can’t imagine that it would be used in one of my cases, because the [defense] attorneys know that we’re very up on the literature, and they’re not going to get away with it.”
Reiter and his firm are doing everything they can to bring attention to Levine’s fight against AJOG and for children with Erb’s palsy and brachial plexus injuries.
Due to the complex nature of birth injury cases, it’s important to hire attorneys with specific knowledge and experience with birth injury cases. The birth trauma lawyers at Reiter & Walsh ABC Law Centers will research your case, find the cause of your loved one’s injury, determine if negligence occurred and help you get the compensation you deserve. For roughly 30 years, we have been helping families in Michigan and throughout the nation with Erb’s palsy injuries, and we have numerous multi-million dollar verdicts that attest to our success. We will fight to obtain the compensation you and your family deserve for lifelong care, treatment and therapy of your child. Should we take your case, you will not pay any money until we win or settle your case. Contact us for more information.