A jury awarded $11.35 million in a birth injury lawsuit, involving a boy who suffered a brain injury at birth. According to a report in the Beacon Journal, the jury returned the verdict after a two-week trial and a day of deliberations. The parents of the boy, who is now 16, filed the lawsuit against the obstetrician claiming that she was negligent in delivering the boy, which resulted in his brain injury. The teen still has intellectual and social disabilities, according to the complaint. The doctor’s attorneys argued that she followed accepted practices and did not cause the brain injury.
No C-Section Despite Warning Signs
The teen’s parents said they are pleased with the verdict because the money will help them get the specialized care the boy needs for the rest of his life. According to court documents, the boy was born April 26, 2001 in a vaginal delivery with the use of a vacuum and forceps. The family’s attorney said several signs pointed to the need for the baby to be delivered by Caesarian section. This included the fact that the mom was giving birth for the first time and the baby was in breech position (feet-first) with his head being larger than average size, the lawsuit said.
The baby was traumatized by the delivery with visible bruises and contusions. He was hospitalized in the neonatal intensive care unit and his parents were informed that his injuries may be permanent. Even though the boy seemed to be functioning normally at first, his parents started to notice social and developmental delays as he got older. By the time he was 10, they began to look into his issues. He was diagnosed with being on the autism spectrum, but an MRI indicated that he has brain damage. It was concluded that his brain damage was caused by injuries he sustained at birth.
The jury also learned during the trial that the area where the boy’s brain had been most damaged was also where he had the biggest contusion at birth. Jurors found the doctor negligent because of poor communication with the mom and not performing a timely C-section. They awarded $9.5 million for future economic loss and $1.85 for pain and suffering.
Risks Poses by Birth-Assisting Tools
During a difficult labor and delivery, obstetricians use birth-assisting tools such as vacuum extractors and forceps. Vacuum extractors have soft suction cups on the end, which are placed on the infant’s head. The suction from the vacuum is used to adjust the infant’s position in the womb. Forceps resemble a large set of tongs. This instrument is used to guide an infant’s head through the birth canal during each contraction. Forceps are commonly used when the mother is not able to push the baby on her own. However, if they are not used correctly or competently, forceps may cause brain or nerve damage, skull fractures, and bruising or swelling of the head. Vacuum extractors may cause injuries such as skull fractures and eye injuries. Brain damage caused by not using these tools correctly may also result in cerebral palsy.
Compensation for Victims
A number of these birth injuries that occur during labor and delivery can and should be prevented by early intervention and proper fetal monitoring. When risk factors are present, a C-section may help deliver the baby safely. When a birth injury is caused by a doctor or by a medical professional’s negligence or wrongdoing, the at-fault parties including the doctor, medical staff, technicians and/or hospital, etc. may be held accountable. Plaintiffs in such cases may seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, permanent injuries, disabilities, past and future pain and suffering, etc.
If your child has been diagnosed with a birth injury as the result of medical negligence, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm helped a family secure a $43,940,000 verdict for a child who was diagnosed with cerebral palsy. Another client of ours received a $23,500,000 verdict for a child who developed cerebral palsy and mental retardation after suffering a birth injury. Both verdicts were so large that they were later reduced on appeal. We also recovered $1,400,000 for a newborn who lost motion in the arm due to doctors applying incorrect force on the baby’s head.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: https://www.ohio.com/akron/news/local/summit-jury-awards-11-35-million-in-lawsuit-involving-massillon-boy-with-brain-injury