December 22, 2010

Jury Returns $2.3 Million Verdict for Child Injured During Birth

PRWeb.com recently reported about a birth injury lawsuit that resulted in a multi-million dollar verdict. The lawsuit involved a young boy who suffered permanent nerve damage and arm injuries due to mistakes made during his birth.

The malpractice occurred after complications arose during the child’s delivery. Rather than attempting a number of labor positions or obstetrical maneuvers, a nurse-midwife carelessly pulled the child’s head while struggling with his shoulder dystocia. Due to the midwife’s negligent care, the baby suffered nerve damage and permanent arm injuries.

Shoulder dystocia is a condition that occurs when a baby’s anterior shoulder gets stuck behind the mother’s pubic bone. If this happens, the remainder of the baby does not easily follow the head as in most vaginal deliveries. Severe injuries can occur if the proper steps are not taken during childbirth.

After five days of trial, the jury awarded $2.3 million to the child and $60,000 in special damages to the child’s mother. The special damages were awarded to reimburse the mother for medical bills associated with her son’s birth injury. This verdict will help pay for future medical expenses the child will incur as a result of his injuries. Due to the severity of the injuries, the child will require extensive medical care and support in the future. The young boy will never regain the strength and abilities that most children have, including the capacity to ride a bike, play sports, or even get dressed without another’s assistance.

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December 1, 2010

$6 Million Birth Injury Settlement Reached Due to Delayed Cesarean Section

NewYorkInjuryNews.com recently reported that a woman was awarded a $6 million birth injury settlement from a hospital in Tennessee after her daughter, Matdison, was born with a birth defect.

Sahra Sutton arrived at the hospital on March 5 to give birth to her baby. During delivery, certain complications arose and a midwife working at the hospital explained to the doctor that she needed to perform a cesarean section. The doctor decided it was unnecessary and directed Sutton to continue pushing.

After Matdison’s birth, the baby had trouble breathing and was placed in an incubator at the neonatal intensive care unit of the hospital. Baby Matdison remained in an incubator for over a month. She then developed cerebral palsy.

Sahra Sutton filed a lawsuit a few months after Matdison’s birth claiming that because a cesarean was not performed, her daughter’s brain was deprived of oxygen, which in turn caused her to develop cerebral palsy. Cerebral palsy, as defined by the Mayo Clinic, is a disorder of movement, muscle tone, or posture that is caused by injury or abnormal development in the immature brain. The effects of cerebral palsy include movement and coordination problems as well as neurological difficulties such as vision impairment or mental disability.

Following the settlement, Sutton explained that she plans to use part of the settlement to purchase a home that is wheel-chair accessible. Matdison will require extensive therapy sessions due to her birth injury.

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