$18.2 Million Birth Injury Verdict: Laurel Browne & Naqah Lake v. WakeMed and Medical Defendants

$18.2 Million Birth Injury Verdict: Laurel Browne & Naqah Lake v. WakeMed and Medical Defendants

Introduction

Background of the Case

One of the most significant medical malpractice verdicts in North Carolina in recent years arose from a birth injury lawsuit filed by Laurel Browne on behalf of her son, Naqah Maxwell Lake, against WakeMed and several healthcare providers involved in his delivery. The case stemmed from events that occurred on 17 September 2019 at WakeMed Raleigh Campus Hospital in Raleigh, North Carolina. After alleging that negligent obstetrical care during labour and delivery caused her son to suffer permanent and life-altering injuries, Browne filed the lawsuit in 2022. The litigation proceeded through extensive discovery before reaching a five-week jury trial in Wake County Superior Court.

The Delivery and the Allegations of Negligence

According to the plaintiffs, Browne's labour became complicated when shoulder dystocia occurred, a recognized obstetric emergency in which a baby's shoulder becomes lodged behind the mother's pubic bone after the head has been delivered. Shoulder dystocia requires prompt management using established obstetrical techniques designed to safely release the impacted shoulder while minimizing the risk of injury to both mother and child. During the trial, the plaintiffs alleged that the resident physician, Dr. Tara Brenner, rotated the baby's head while the shoulder remained impacted by performing what was described as a fetal vertex rotation. The plaintiffs' medical experts testified that this maneuver was inappropriate in the circumstances and fell below the accepted standard of obstetrical care because it allegedly placed excessive traction on the brachial plexus nerves. The defendants denied these allegations and maintained that the care provided met the applicable standard of care during a difficult delivery.

Naqah Lake's Injuries

Evidence presented during trial showed that Naqah Lake sustained a severe global pan-plexus brachial plexus injury affecting his left upper extremity. The injury resulted in permanent nerve damage that left his left shoulder, arm and hand with little to no functional use. Court records and testimony indicated that Naqah required resuscitation immediately after birth, spent nine days in the neonatal intensive care unit, and later underwent reconstructive nerve surgery when he was approximately six months old. Despite surgical intervention and continuing treatment, he was left with permanent weakness, disfigurement and disability commonly associated with severe brachial plexus injury, including Erb's palsy. Trial testimony further established that he continues to require assistance with many routine daily activities, including dressing and certain personal care tasks, because of the permanent loss of function in his left arm.

Arguments Presented During Trial

The plaintiffs argued that Naqah's injuries were entirely preventable and resulted directly from negligent management of the shoulder dystocia during delivery. They contended that recognized obstetrical maneuvers should have been used before attempting the fetal vertex rotation and that the physician's actions caused the catastrophic nerve damage. The defence disputed both negligence and causation, arguing that Dr. Brenner complied with the applicable standard of care during a medically complex delivery. Defence experts also challenged the plaintiffs' assertion that the injury resulted from the delivery maneuver rather than occurring naturally during labour. Throughout the trial, both sides presented expert testimony addressing obstetrics, biomechanics and the mechanism of brachial plexus injuries, making expert medical evidence central to the jury's determination.

The Jury's Findings and Damages Award

Following approximately three weeks of testimony in the liability phase, the 12-member Wake County jury returned its verdict on 2 July 2026, finding that Dr. Tara Brenner was negligent in her care and treatment during the delivery. The jury also determined that WakeMed was legally responsible because Dr. Brenner was acting within the scope of her employment. At the same time, the jury found that three others individually named medical providers were not negligent, and it rejected the allegation that Dr. Brenner's conduct amounted to gross negligence. The case then proceeded to a separate damages phase, after which, on 13 July 2026, the jury awarded US$18.2 million in total damages. The award included US$2.2 million in economic damages for future medical care and related losses and US$16 million in non-economic damages for pain, suffering, permanent disability and disfigurement. The damages allocated US$17.7 million to Naqah Lake and US$500,000 to Laurel Browne.

Effect of North Carolina's Medical Malpractice Damages Cap

Although the jury awarded US$16 million in non-economic damages, North Carolina law imposes statutory limits on non-economic damages in most medical malpractice cases unless specific exceptions, such as gross negligence, are established. Because the jury did not find Dr. Brenner grossly negligent, the ultimate amount recoverable is expected to be determined through post-trial proceedings and the application of the state's damages cap. As a result, while the jury's verdict totaled US$18.2 million, the final judgment may differ from the amount announced by the jury depending on the court's application of North Carolina law.

Significance of the Verdict

The Browne and Lake case has attracted considerable attention within both the legal and medical communities because it addresses the standard of care expected during obstetrical emergencies involving shoulder dystocia and the devastating consequences that may result from birth-related brachial plexus injuries. The case also demonstrates the importance of expert medical testimony in resolving complex questions of causation and professional negligence. Legal commentators have described the award as among the largest reported medical malpractice verdicts in North Carolina involving a birth-related brachial plexus injury, although the final amount payable remains subject to judicial review under the state's statutory damages framework. Beyond its monetary value, the verdict has become a notable example of how birth injury litigation can shape discussions regarding obstetrical practice, patient safety and accountability in healthcare.