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Birth Injury Lawsuit Filed Over Young Girl’s Injuries

The West Virginia Record shared information this week on a new birth injury lawsuit filed by a couple against a hospital in the state. According to the report, the family’s complaint alleges that their young daughter’s serious injuries were caused by negligence during her birth. They are seeking compensation from the public hospital for the losses they suffered as a result. Like many other families in a similar situation, our Illinois birth injury lawyers know that this couple likely understood that ensuring other families were not similarly affecting and providing lifelong support for their daughter required holding the facility accountable for their conduct.

The Case
The article explains that the mother in this case first became pregnant at the end of 2009. The couple had undergone various artificial insemination attempts, and so news of the pregnancy was particularly joyous. It wasn’t long afterward that the couple began receiving prenatal care at the defendant-hospital.

Over six months after the pregnancy confirmation the couple returned to the hospital. There were suspicions of leaking amniotic fluid, and so the mother was admitted to the facility. Fetal monitoring was conducting (to check on the status of the baby) and the complaint states that it indicated “moderate variability” and “sufficient accelerations.” In addition, a urinalysis was performed which came back negative. Eventually the mother was discharged.

Two days later the mother visited a different physician. At that time the doctor scheduled an induced labor, and at the same time she was brought back to the defendant-hospital complaining of decreased fetal movement. Our Chicago birth injury attorneys appreciate the often intuitive understanding that many mothers have when something goes amiss with their developing child.

When the mother returned to the hospital more electronic fetal monitoring was initiated and pitocin was started–a drug to induce labor.

Sadly, when the child was eventually delivered she did not have a heart rate, was limp, and had no respirations. After being immediately handed off to the neonatal team she was in critical condition, having suffered from “hypoxic ischemic encephalopathy.” This is a common injury suffered at birth, and it referes to a condition where the brain does not receive enough oxygen. According the WebMD, this particular injury refers to oxygen deprivation to the entire brain, instead of just a part of the brain. This injury is often fatal, particularly when it strikes vulnerable newborns. Professionals explain that deprivation as short as five minutes can be deadly.

The birth injury lawsuit that was subsequently filed allege that the medical professionals at the hospital were negligent in their monitoring of the child. Specifically, the family claims that the staff members did not properly examine the heart monitor tracings. If they had, the problems would have been identified sooner. In addition, the family claims that an emergency Cesarean section should have been performed in a timely fashion. If that would have been, then the girl would not have have suffered the severe injury.

The family is asking for damages for the injuries that the girl sustained as a result of the mistakes. She has already been hospitalized several times and has already showed signs of neurological delay. She will likely need special care for the rest of her life.

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