A birth injury lawsuit filed by a Florida family against the employee of a federally-funded health clinic has ended with the judge overseeing the case giving his approval of a $1.25 million settlement. The case involved a newborn who suffered severe brain damage at the time of his birth that ended in his eventual death.
The birth injury lawsuit was filed by Dayami Hernandez against Dr. Carlos A. Rodriguez, an employee of Citrus Health Network Inc. According to the original Federal Tort Claims Act lawsuit, Hernandez accused Dr. Rodriguez of negligence resulting in permanent and severe brain damage due to a lack of oxygen, and leading to the baby’s death 14 months later, because he failed to perform an emergency Cesarean section on her in a timely manner.
Birth Injury Case Strengthened By Physician’s Decision to Leave Clinic Despite Patient’s High-Risk Status
There are many reasons why a birth injury lawsuit might be resolved in a settlement out of court. In many cases, the defendant is concerned that the evidence that will be presented by the parents will be so compelling and emotional that a jury would be likely to award them a significantly higher amount. In other instances, neither party wants to go through the expense and trauma of testimony.
The tragic case involving Ms. Hernandez’ son included evidence that despite the fact that she was a high-risk patient and was on Pitocin to induce labor, the physician had breached the generally accepted standard of care and elected to go home rather than remain with the patient: he also did not make arrangements for another physician to be present onsite in case an emergency arose. The judge overseeing the case approved the terms and the case has been resolved.