Kelly D. Wilson and her family have been living with the impact of her second son’s birth injury for fifteen years: the teen is permanently wheelchair-bound, suffers from a seizure disorder and involuntary movements, and cannot speak as a result of mistakes made at Blanchfield Army Community Hospital back in 2005. The teen finally had his day in court and emerged victoriously. He and his family were awarded more than $15 million to be paid by the federal government.
The unnamed teen was the Army veteran’s second son, and the birth injury that he suffered was a hypoxic-ischemic brain injury that left him with cerebral palsy. The evidence provided in court determined that the fetus was healthy prior to birth, but that the hospital’s failure to consider his mother’s prior medical history led to the tragic outcome.
Birth Injury Leaves Teen “Trapped In A Body That Doesn’t Work”
According to the family’s representative, Wilson’s child’s birth injury would not have occurred the hospital given consideration to her prior history of placental insufficiency in her first pregnancy. For that birth she had a Caesarean section, and the same procedure is generally recommended for a second pregnancy – especially when a second birth is happening less than a year later. Medical experts testifying in the case said, “if the mother had undergone a caesarean section, as indicated by her medical history, the fetus would not have suffered any injuries.”
When Wilson had an appointment at the hospital prior to her birth, she was given a consent form to sign after receiving standard counseling for vaginal birth after Caesarean. She was not categorized as high risk and not warned of the risk of birth injury. She indicated that had she known of her risk and given the appropriate information, she would have opted for the surgery. The court awarded the family $15.1 million for lost earnings, future medical care, suffering, past loss of enjoyment of life and permanent impairment.