Inset: Laurel Browne and her son Naqah Lake (Grant & Eisenhofer Law Firm). Background: WakeMed Raleigh Campus hospital in Raleigh, N.C. (Google Maps).
A North Carolina doctor and hospital were found to have been negligent during the birth of a boy who suffered permanent damage to his shoulder.
Laurel Browne gave birth to her 6-year-old son, Naqah Lake, on Sept. 17, 2019, at the WakeMed hospital in Raleigh, North Carolina, but the birth did not go as planned. According to a lawsuit filed in Wake County in 2022 that was obtained by The Charlotte Observer, Dr. Tara Brenner was trying to deliver Naqah, but his shoulder got stuck behind Browne's pelvis. After Brenner rotated Naqah's head, he stopped breathing before he could be completely delivered. The maneuver, according to Lisa Weinstein of the Grant & Eisenhofer law firm, which represented Browne and Naqah, caused "all five nerves in his left brachial plexus" to be "ripped from his spinal cord at birth."
After spending nine days in the NICU, Naqah's left arm remained limp. He was diagnosed with a severe nerve injury and underwent surgery when he was 6 months old.
Now, at 6 years old, Naqah suffers from Erb's palsy and still lives with disability and disfigurement. He requires constant physical assistance while eating, dressing, and using the bathroom.
In its verdict rendered on July 2, a jury found Brenner and the hospital negligent in the care and treatment of Browne and Naqah. While the jury did not find that Brenner's actions met the threshold of gross negligence, it did agree that what happened to Naqah was preventable.
In a press release, Weinstein said, "The jury rightly recognized that Naqah will never be able to play sports that require both hands, hug his mother with both arms, hold his own child with both arms, or simply clap his hands, because of a 'never maneuver.' We are grateful for the jury for holding WakeMed accountable for the lifelong disability it caused."
A spokesperson from WakeMed told The Charlotte Observer in an email, "WakeMed is committed to providing a safe environment for patients to receive care and for future generations of health care providers to learn." Law&Crime reached out to WakeMed but did not get an immediate response.
On Monday, the jury awarded a total of $18.2 million to Naqah's family. Naqah was awarded $1.7 million for economic damages and $16 million for noneconomic damages. Browne was awarded $500,000.
A judge will decide the final award amount, per state laws capping medical malpractice payouts.