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May 28, 2011

Birth Injury Lawsuit Ends in Record $58.6 Million Verdict

Late this week Courant News published a story on a jury verdict in an untimely cesarean section case that represents one of the largest single birth injury verdicts ever. The report shares information about the suit filed by a family against their obstetrician who failed to provide them with the level of care to which they were entitled. The family alleges that their doctor waited too long to perform a cesarean section leading to serious consequences for their baby. Specifically it was argued that a timely incision to relieve the upper uterine area on the birthing mother was not performed quickly enough. As a result, there was insufficient space for a traumatic delivery, delaying the necessary cesarean section.

As often occurs when doctors wait too long to perform these deliveries, the family’s new addition was born with severe cerebral palsy. The boy will forever need close medical care. He is unable to walk, eat, or talk, needs to be fed through a tube, and will be confined to a wheelchair for life.

The jury ultimately agreed with the family in this case and determined that the doctor was negligent in his conduct. They awarded the family $58.6 million for their losses, though it remains unclear if the judge will let the total award amount stand.

Our Chicago birth attorneys have experience representing families who have suffered from similar medical mistakes. Last November we settled a case for $6.5 million on behalf of a family that went through a traumatic birthing ordeal involving an inexperienced medical resident who failed to notice that the baby’s head was too large to fit through the mother’s pelvis. The problem required the performance of a cesarean section, but the doctor’s error delayed it.

When a cesarean section was finally ordered for the birth, the anesthesiologist improperly anesthetized the mother, ultimately forcing her arms and legs to be held down while the incision was made. Following the mistakes the child suffered from cerebral palsy and will need on-going medical care for the rest of her life.

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Posted In: C-Section Delay

May 27, 2011

Mother settles malpractice birth injury lawsuit for millions

According to a report on Boston.com, a mother received a birth injury settlement of $7 million after her child was born with a severe genetic disorder. The birth injury lawsuit was filed against four medical professionals in Massachusetts. The obstetrician, nurse practitioner, geneticist, and genetic counselor failed to inform the mother of genetic tests available to determine if the then unborn child had a genetic disorder. The testing during the pre-natal treatment would have clearly revealed the severe genetic disorder; the specific disorder is not noted here for privacy purposes.

As noted in the article, although English was not her first language, the mother did her best to convey those wishes. A procedure called amniocentesis was offered during a session, which is a procedure that reveals the entire genetic make-up of the fetus. However a proper translator was not present at that session in violation of the hospital’s medical procedure. Amniocentesis was not offered after that session when a proper translator would have been present.

The child requires constant support and care. The child is currently receiving state- and town-funded care until she turns 21 years old. Only at that time, the settlement money will be available to pay for her care. The settlement will be paid by multiple malpractice insurance providers.

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Posted In: Birth Injury Prevention

May 17, 2011

$4.3 Million Awarded to Child after Negligence Leads to Cerebral Palsy

A medical professional’s failure to recognize complications during childbirth will often lead to serious and irreversible problems. Medical professionals are trained to identify and treat various complications common in childbirth. One relatively common complication is a mother’s inability to vaginally deliver her child. In such circumstances, one option a physician has is to administer Pitocin, a drug commonly used to induce and augment labor. If the Pitocin fails to induce childbirth it is a physician’s responsibility to re-evaluate the situation and to ensure the pregnant mother and her child are in an appropriate condition. If they are not, it is common practice for a physician to order an emergency cesarean section. If a physician fails to appropriately respond to the situation they face, they may be subject to medical malpractice litigation.

Recently, a family was faced with a similar ordeal. A soon to be mother entered Mercy Medical Center on March 13, 2008 to deliver her baby. The baby was in good health at the time and the mother and hospital prepared for a smooth delivery. The mother began having issues delivering so the medical staff administered Pitocin to help induce delivery. The late evening turned into the early morning and no progress had been made in the delivery. The medical staff administered a second dose of Pitocin, still no results. During this time, the facility failed to adequately monitor the condition of the child. A monitor revealed that the unborn baby had developed a dangerously low heart rate. The mother was rushed to an operating room to have a cesarean section performed, however, it was too late, and the baby was born dead. The facility was able to resuscitate her but she had already developed cerebral palsy and a developmental delay. She will require specialized care and treatment for the rest of her life.

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May 4, 2011

Jury awards expecting parents $2.5 million in birth injury

A jury recently awarded $2.5 million to a grieving couple who lost their baby in a birth injury caused by doctors’ negligence.

The couple sued various obstetricians and gynecologists as well the practice where the expecting mother was treated. While obstetricians specialize in the management of pregnancy and labor, gynecologists specialize in the female reproductive system. Together, “ob/gyns” are trained to diagnosis and treat disorders and diseases in this field.

According to court documents, doctors discovered a complication during the mother’s pregnancy. Lab results revealed that the unborn baby had O-positive blood whereas the mother had Rh-negative blood. When this combination of blood types occurs, the baby’s O-positive blood is treated by the mother’s body as an intruder and the mother’s Rh-negative blood produces antibodies to fight the invading O-positive blood. The mother’s antibodies start to break down the fetus's red blood cells. This condition is called hemolytic disease or hemolytic anemia. It can become severe enough to cause serious illness, brain damage, or even death in the fetus or newborn.

According to the lawsuit, doctors failed to properly monitor and treat the mother and her baby after the complication was revealed. The unborn baby developed immune hydrops fetalis, a complication of Rh incompatibility. Although a cesarean section delivery was preformed, the baby did not survive. In addition, the mother will unlikely be able to deliver another viable fetus, according to the complaint.

The jury not only awarded the parents $2 million in compensatory damages but the jury also determined that the doctors should pay $500,000 in punitive damages. Punitive damages are intended to reform or deter the defendant and others from engaging in similar conduct. They are usually awarded when the jury determines that the defendants acted with reckless disregard for the safety of others. Although punitive damages are not intended to compensate the plaintiff, the plaintiff usually receives the entire punitive damage award.

To learn more about this lawsuit and other birth injuries that went to trial, follow the links.

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Posted In: Birth Injury Trial, Death During Child Birth, Medical Malpractice Lawsuit, Verdicts and Settlements, Wrongful Death

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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