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.
Though giving birth may seem the most natural thing in the world, the risk of birth injury exists in every pregnancy. When injuries are a result of a physician or health care professionals’ departure from standard practice, it represents a betrayal of trust that has lifelong repercussions. That is exactly what happened to a Georgia woman whose obstetrician failed to take her off of a blood pressure medication known to cause fetal and neonatal side effects. A DeKalb County jury has awarded the child and her parents more than $6.4 million in compensation for the injuries that the child has suffered.
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.
When a Washington state hospital failed to recognize fetal distress, it led to a life-altering birth injury for a family’s infant. After hearing seven weeks of testimony in the case, a jury has agreed that it was the hospital’s negligence that resulted in the girl’s brain damage. They awarded the family $23.9 million.
In June of 2014, Yong Juan “Maggie” Zhao tried to prevent the birth injury that has left her son Steven disabled and unable to participate in the types of activities that other five-year-olds take for granted. But her obstetrician, Dr. Paul Cruz, refused to provide Zhao with the cesarean section that she requested. The result was a permanent injury to Steven’s brachial plexus that has left him largely unable to use his right arm.
When Melissa Clements’ obstetrician told her he was going to use forceps because her delivery wasn’t progressing properly, he failed to tell her that the procedure could result in a disabling birth injury. He also didn’t offer her or her husband alternatives such as vacuum delivery or a cesarean section or stop the procedure when he had difficulty in performing it. Instead, he continued, and the use of the instrument caused significant damage to the child’s eyes. Melissa and her husband William have filed a lawsuit against Dr. George F. Craft seeking $3 million in damages for their son.
A West Virginia family filed a birth injury lawsuit against both the federal government and Raleigh General Hospital in Beckley, West Virginia, accusing both of negligence that resulted in significant injuries suffered by their newborn son.
A New Jersey family claimed that a series of mistakes made by a New Jersey certified nurse-midwife during delivery in 2013 left their infant with a significant birth injury requiring multiple surgeries and leaving the child permanently disabled. After pre-trial negotiations that failed to achieve a settlement, the jury in the case awarded the child a $1.75 million verdict.
Birth injuries can occur for many reasons and in many cases, they are caused by physicians or healthcare providers who make ill-advised decisions or who are not providing the level of care considered standard by their profession. But a civil suit filed by the Indiana Attorney General has charged that a woman acting as a midwife was not even properly licensed and that her lack of expertise and poor care led to birth injuries ending in a baby’s death, as well as life-threatening complications suffered by the infant’s mother.
A young mother whose reliance on hospital staff led to significant birth injuries to her child has prevailed in the birth injury lawsuit she filed against Johns Hopkins Bayview Medical Center. The jury in the case awarded the mother and child a total of more than $229.6 million in compensation for past medical expenses, lost earnings, non-economic damages and future damages.
Danziger & De Llano, LLP. Office Locations: (Principal Office) Houston, Texas . Contact Danziger & De Llano for more information. Prior results do not guarentee or predict a similar outcome with respect to any future matter.