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After 10 Year Coverup, Hospital Admits Falsifying Records, Girl Receives $5.2 M

10 years ago this January, twin Sarah Butler was born at Royal Victoria Hospital in Barrie, Ontario to Jaye Butler. Her twin brother was delivered healthy and free of complications several minutes prior. To encourage speedy delivery of Sarah, nurses at the hospital stripped Jaye Butler’s membranes, causing the amniotic fluid to drain out so rapidly that Sarah was left weighing down on her own umbilical cord. The pressure on her cord caused her to lose oxygen to her brain and develop cerebral palsy. The hospital records were falsified to read that her mother’s amniotic sac had spontaneously ruptured and that Sarah was delivered via C-Section shortly thereafter.

A Coverup, The Truth, And More Denials
The Butlers were aware that something just didn’t add up. The year their twins were born, the family pressed the hospital on the circumstances surrounding Sarah’s birth injury. According to the family, the hospital admitted that nurses had pushed Sarah’s birth along by stripping Jaye’s membranes. When the family decided to file a lawsuit, the hospital reverted back to the false report they had on file and claimed that Jaye’s membranes ruptured on their own. The hospital maintained that its staff had acted according to the standard of care and that Sarah was in distress, causing an emergency C-Section. In reality, the hospital was forced to deliver Sarah via Caesarean because she was quickly losing oxygen due to compression of her umbilical cord.

In 2016, 9 years after the birth injury occurred, the hospital acknowledged that they had deviated from the standard of care, but that Sarah’s developmental difficulties were the result of ADHD, which she had never been diagnosed with. The court responded swiftly and strongly, demanding $5.2 million in damages to Sarah and her family. The judge declared the amount would help replace loss of future income and would help pay for assistance to live her daily life.

Birth Injuries: Preventable Tragedies
What should be the most exciting time of a mother’s life can quickly turn into a lifetime of suffering and pain for a child. Deviation from the standard of care in any medical procedure can have grave consequences, but when it involves a vulnerable fetus, the outcome can lead to brain damage, physical trauma, and death of the fetus and mother. Birth injury cases are complex and require an experienced lawyer who understands the emotional and financial struggles associated with a seriously injured child. No child should have to suffer because of a medical mistake. No parent should have to live with the despair of having a sick, disabled, or deceased child because of a mistake at the hands of the people they trusted the most.

The Chicago birth injury lawyers of Levin and Perconti have recovered millions in verdicts and settlements for families like yours, including a $6.5 million for the family of a girl who suffered cerebral palsy after her mother’s physician performed a delayed C-Section.

We are mothers, fathers, aunts and uncles, daughters and sons, and we are fiercely protective of the lives and livelihood of all children. If you believe your child has suffered from a preventable birth injury, please contact us for a free consultation with one of our skilled birth injury attorneys.