NC Jury Awards $18.2 Million in WakeMed Birth Injury Case Involving Boy with Erb’s Palsy

RALEIGH, N.C. — A Wake County jury has awarded $18.2 million to 6-year-old Naqah Lake and his mother after determining that a WakeMed doctor was negligent during his delivery in 2019, causing a severe brachial plexus injury that resulted in permanent disfigurement and lifelong disability.

The verdict, reached on July 13, 2026, follows a multi-week trial centered on complications during Naqah’s birth at WakeMed Raleigh. According to the lawsuit filed in 2022, Naqah’s shoulder became stuck (a condition known as shoulder dystocia) during vaginal delivery. Attorneys for the family alleged that Dr. Tara Brenner, an obstetrician-gynecologist, improperly rotated the baby’s head while the shoulder remained trapped, allegedly tearing nerves from the spinal cord.

Naqah was born unresponsive and required immediate resuscitation, including chest compressions and intubation. He spent nine days in the neonatal intensive care unit (NICU). Doctors later diagnosed him with a severe nerve injury to his left shoulder and arm, resulting in Erb’s palsy. This condition has caused ongoing weakness, limited mobility, and visible disfigurement in his left arm.

At age 6, Naqah continues to face significant daily challenges. He requires assistance with basic tasks such as getting dressed, using the bathroom, and opening containers. At school, another student helps him throughout the day. The family presented evidence of multiple surgeries, including one at around six months old to repair damaged nerves and remove scar tissue, but the injury remains permanent.

The jury found Dr. Brenner negligent but not grossly negligent. Other medical staff were cleared of wrongdoing. Because Brenner was acting within the scope of her employment at WakeMed, the hospital is vicariously liable for the judgment.

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Breakdown of the Award

The jury awarded $17.7 million to Naqah and $500,000 to his mother, Laurel Browne. Of the total, approximately $2.2 million represents economic damages (such as past and future medical expenses). The remaining $16 million was for noneconomic damages, including pain and suffering, disfigurement, and the lifelong impact of the disability.

However, North Carolina law caps noneconomic damages in most medical malpractice cases at around $712,847 (adjusted for inflation as of 2026) unless gross negligence is proven. A judge will make the final determination on the payout amount, which is expected to be significantly reduced from the jury’s verdict.

WakeMed issued a statement noting its commitment to patient safety while emphasizing that the case involved only one provider. The hospital has not yet commented on potential appeals or the final judgment.

This case highlights ongoing concerns about the management of shoulder dystocia during childbirth and the long-term consequences of brachial plexus injuries. Erb’s palsy can result from excessive traction or improper maneuvers when a baby’s shoulder becomes impacted, often leading to debates over whether earlier intervention, such as a C-section, or different delivery techniques could have prevented the injury.

Sources:

  • Raleigh News & Observe