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Judge Awards Family $42 Million for Birth Injury Complications

BirthInj_babyHand

A family whose baby suffered severe brain injuries during birth was recently awarded $42 million by a judge as a result of the many medical, physical, emotional, and other disabilities he will face for the rest of his life.

The injuries stem from an incident in 2012 that occurred at the Keystone Women’s Health Center, a federally-supported facility, where the OB/GYN handling the delivery used forceps very early on in the birth procedure, more than once, forcefully pulling at the baby, which then resulted in the baby experiencing intracranial bleeding and pressure.

Doctor Admits Fault

In this particular case, the doctor accused of causing the birth injury admitted that the use of forceps increases the risk of injury and that protraction of the first stage of labor is never an appropriate indication for forceps delivery. This type of admission of fault is unusual in these types of birth injury cases.

In fact, the risks of using forceps during the delivery aren’t just limited to the baby; they can also include the following for the mother:

  • Pain in the perineum;
  • Lower genital tract tears and wounds;
  • Difficulty urinating;
  • Anemia;
  • Injuries to the bladder or urethra;
  • Uterine rupture; and/or
  • Weakening of the muscles and ligaments supporting the pelvic organs.

Child & Family Forever Changed

The victim child in this case is now five years old and, as a result of the injuries he experienced during his birth, he cannot express himself, will never be able to read or write, has aggressive emotional outbursts, and will likely be confined to a wheelchair for the rest of his life. He will also likely need life-long supervision and eventually have to be institutionalized when he reaches his early 20s, as he is predicted to become too difficult for his parents to take care of at that time. The judge specifically awarded approximately $33 million for future medical and attendant care, $5 million for pain and suffering, just under $3 million for loss of future earnings, $820,000 for the loss of value of fringe benefits, and just over $100,000 for past medical expenses.

Birth Injury Attorneys Serving Fort Lauderdale & Surrounding Areas

Sadly, what is supposed to be one of the happiest days in people’s lives can quickly turn into a nightmare if your baby ends up suffering from birth injuries due to the negligence of your doctor and/or other healthcare professionals involved. In most birth injury cases, the child’s parents sue the medical center/hospital, doctor, and sometimes even attending nurses and others involved in the birth for negligence. In some circumstances, parents might also choose to bring a claim for negligent infliction of emotional distress.

The Birth Injury Lawyers at Friedland & Associates have years of experience litigating these types of cases. They work with countless specialists who can care for every possible injury or damage suffered by the child and his/her emotionally distressed parents. If your family is the victim of a birth injury, let us fight for you and your child while you focus on taking care of them. Contact us today for a free consultation.

Resources:

publicopiniononline.com/story/news/2017/04/20/attorney-judge-orders-us-pay-chambersburg-family-42-million-after-local-doctor-causes-birth-injury/100718306/

mayoclinic.org/tests-procedures/forceps-delivery/basics/risks/prc-20014741

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