The parents of a young boy injured during birth lost their appeal to the First Circuit last Friday, largely due to lack of evidence to support their claims.
When F.A.F.R. was born, his shoulders failed to deliver after his head emerged, resulting in Erb's Palsy, which causes weakness and loss of motion in the arms. His parents sued in federal court in Puerto Rico and the jury found that both the delivering doctor, Dr. Capre-Febus, and the hospital, Dorado Health, had been negligent, yet only the doctor's negligence had caused F.A.F.R.'s injuries.