A New Jersey hospital and the family of a boy who suffered a devastating birth injury have reached a settlement that provided $7.1 million in compensation for trauma, emotional pain, and future medical needs. The case involved Hoboken University Medical Center and a couple, Jorge and Jasmin Carriel Tejada on behalf of their son David, who was born at the hospital in 2017.
Shortly after the birth injury occurred, the family filed a medical malpractice claim against the hospital and several of its staff members, accusing them of having deviated from “accepted standards of obstetrical care during the labor and delivery of the minor plaintiff, David E. Tejada.”
Settlement Establishes Trust for Medical Care Following Birth Injury
Though the settlement terms do not acknowledge any wrongdoing on the hospital’s part, the claim made clear that the birth injury was diagnosed one day after the child was born, when he was rushed to St. Joseph’s Medical center and “diagnosed with hypoxic ischemic brain injury.” This term refers to a type of brain damage caused by a lack of oxygen. Today the three-year-old is unable to feed himself or walk, and suffers from chronic seizures and hydrocephalus. He is on eight different medications and requires constant medical care. The settlement provides $650,000 to establish a trust for David’s medical care and $3 million for a structured settlement annuity that will make $27,000 deposits into the fund monthly for ten years.
In filing the birth injury lawsuit, the family’s representatives said that the parents “have suffered, and will in the future suffer, severe mental, emotional and psychological damages, injuries, pain, suffering and anguish, and were and will be in other ways be damaged.” The initial claim named several different physicians and nurses at the hospital, but the settlement names only the facility and the chair of its obstetrics and gynecology department.