Illinois Boy Recovers $8 Million in Damages for Birth Injury
When a baby’s delivery is delayed or the infant becomes lodged at birth, serious complications and injuries can arise. A more common injury in this situation is to the nerve bundles in the infant’s shoulder, which can become pinched, stretched, or pulled. As a result, movement problems arise in the shoulder, arm, and hand. At other times a collar bone or arm bone can break. And in certain situations, the child can be deprived of oxygen, leading to brain injury or death by asphyxia.
On June 29, 2020, the U.S. Court of Appeals for the Seventh Circuit announced a multimillion-dollar reward to an Illinois boy who suffered a shoulder injury at birth after his mother pleaded with the obstetrician of her fear in delivering a large baby. The delivery method the doctor chose ultimately left the boy with a shoulder injury and permanently disabled. Medical experts agreed he would be unable to do certain types of work in the future, resulting in the recovery of over $8 million in damages for noneconomic injuries and lost earnings. The lower court carefully considered the evidence and comparable cases and reached reasonable figures, given the child’s injuries, the Seventh Circuit said.