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Journal Article's Authors Not Responsible for Loss of Claim

BY Janice G. Inman
April 28, 2012

Are there, or should there be, legal consequences for authors and publishers when medical journal articles do not state the truth, thereby causing harm? An interesting case on that issue, related to the prosecution of two medical malpractice cases in two different states, was recently decided in Massachusetts.

Background

The plaintiffs in Gorbey v. American Journal of Obstetrics and Gynecology, 2012 U.S. Dist. LEXIS 36450 (D. Ma. 3/16/12), were two children, one born in Virginia (Andrew Gorbey) and other in Illinois (Keenan Stapleton). Both suffered permanent brachial plexus injuries at birth. A brachial plexus injury is one that occurs when the nerves running from the spine to the shoulder, arm and hand are stretched or torn. A child born with such an injury may suffer loss of sensation in those areas, or even complete paralysis of the arm. Over the years, a popular theory has formed that the injury most likely comes about when shoulder dystocia ' a condition in which the baby's shoulder gets caught on the mother's pubic symphysis ' occurs, and the delivering doctor exerts too much traction (pressure) on the baby in order to facilitate delivery.

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