Reilly Ex Rel. Reilly v. Straub

REYNOLDSON, Chief Justice.

The infant plaintiff James R. Reilly brought this malpractice action for damages arising out of a birth injury to his right arm against the defendant obstetrician J. J. Straub. The jury returned a $125,000 plaintiff’s verdict and from judgment thereon defendant appeals. We affirm on condition.

June 11, 1972, defendant served as obstetrician at plaintiff’s birth. Plaintiff weighed ten pounds fourteen ounces. During delivery defendant encountered shoulder dystocia, a complication in which the child’s shoulders are so wide they have difficulty in passing naturally…