Paul McGivern and Susanne Raab were among the team of lawyers representing the infant plaintiff in a birth trauma lawsuit. The infant suffered an asphyxial event following a mid-forceps attempt. As a result, she has cerebral palsy. The trial judge found the obstetrician negligent for using the forceps to assist the delivery without explaining the risks of the procedure to the infant’s mother when obtaining her consent to the procedure, and failing to ensure that immediate surgical backup was available to deliver the child by cesarean section in the event that the attempt at forceps delivery fails. The trial judge awarded $3,224,000 in damages to the injured child.
The BC Court of Appeal overturned this decision and we appealed to the Supreme Court of Canada. In April of 2013, the Supreme Court of Canada restored the trial judge’s decision finding the obstetrician liable for the child’s injuries.