On February 5, 2016, the family of a girl who suffered permanent neurological injury at birth was awarded $29.89 million by a Massachusetts jury, according to MassLive.com. The jury concluded that a physician was negligent in his treatment and care of the girl.
The civil suit was originally filed against six physicians involved in the girl’s birth. One of the six doctors was later removed as a defendant, and four others were found not negligent.
The suit alleged that from September 5 to September 6, 2004, the remaining defendant failed to do seven things, including a timely emergency caesarean section. This caused the child to remain subject to a worsening infection in the uterus.
The suit says the physician was on call at home when hospital staff called him in after the baby’s heart rate dropped. However, he did not come in. At 9:20 p.m., the baby’s heart rate dropped to very low levels for eight minutes. At that point, physicians delivered the child by caesarean section, and she required resuscitation at birth. She sustained a severe brain injury due to lack of oxygen and blood flow.
Today, the girl, now 11 years old, requires feeding through a gastric tube, is legally blind, can’t walk and can’t talk. A tracheotomy allows her to get air, and it provides a way for medical personnel to suction lung secretions multiple times per hour. She does attend school supplemented by one-on-one teaching and nursing care.
The $29.89 million jury award includes payments for:
When negligent medical care harms a child at birth, it is possible to seek compensation for past and future medical bills, pain and suffering and other losses. If a family member suffers injury at birth, it is possible to discuss the case with
If a family member suffers injury at birth, it is possible to discuss the case with birth trauma or birth injury lawyers. Our firm offers this consultation at no cost to you. To schedule a visit or to ask your questions, please contact us.