Jury Awards $73.2 Million To Birth Injury Lawsuit Plaintiffs

Even though it’s not typically mentioned in polite conversation, the reality is that there are many serious issues that might arise during labor and delivery – issues that could place both the mother and child in danger. One problem that should never occur is a mistake made by the doctor and yet this is exactly what happens all too often.

The parents of a newborn boy found this out the hard way when their doctor failed to prepare for their high-risk delivery and their child suffered serious injuries as a result.

Doctor’s Mistake Causes Brain Damage In Newborn Body

During her pregnancy, one mother followed all of the “rules”. She ate right, she went to the doctor for all of the recommended checkups and followed her doctor’s orders. She had even discussed her own medical condition, diabetes, with her physician and together they carefully monitored her health so that it wouldn’t impact the baby.mother and child immediately after birth

Throughout the entire pregnancy, her physician assured her that everything was going according to plan. He routinely took measurements of the child and estimated that the baby would be about 8 pounds at the time of birth. Not once did he mention that a c-section might be necessary.

When the time came, the mother was admitted into the hospital. But the delivery did not go as planned.

It turned out that the child was much larger than predicted and his shoulders were so wide that he became lodged in the birth canal. For a full 10 minutes, he was without oxygen and was only delivered when the doctor used a vacuum extraction device to forcibly remove him from his mother’s womb.

The hurried and violent delivery left the newborn with permanent brain damage and damage to the nerves in his right arm. He is unable to use his right arm or hand and is unlikely to be able to function on his own as an adult. His mother also sustained damage during the delivery.

After speaking with an attorney, his parents decided to pursue legal action and were shocked to learn that the doctor had ignored the recommendations of specialists who had recommended additional tests and ultrasounds due to the size of the child and the mother’s medical condition. In their complaint, they allege that both mother and child could have been spared their injuries if the doctor had referred her to a specialist or even just recommended a c-section.

The case went to court and the jury agreed with the parents, awarding them $73.2 million so that the child can get the care he needs throughout his life.

Birth Injuries Are Disturbingly Common

It doesn’t matter how much experience a doctor has, if they make a misdiagnosis, fail to diagnose a medical condition or make a mistake during a procedure, they could be putting their patient’s life at risk.

When it comes to birth injuries, newborns are often diagnosed with:hospitalized right after birth

  • Cerebral Palsy
  • Encephalopathy
  • Brachial Plexus Injuries
  • Fractures
  • Erb’s Palsy

This can impact their life and forever limit their potential – a life which hasn’t even begun.

This is why many parents choose to file a legal complaint on their child’s behalf, a complaint which can help them recover the compensation they need.

Medical Malpractice Claims Can Be Filed For Birth Injuries

At Banville Law, our attorneys know how devastating a birth injury can be. That’s why our attorneys offer free consultations and works on a contingency fee.

A contingency fee means that our clients don’t have to pay anything upfront and the fee that we collect comes directly out of the compensation that we help them obtain. If we don’t win, we don’t get paid. That way families that are already struggling can rest easy knowing that they literally have nothing to lose.

Call us now to learn more about the legal process and to schedule your free consultation.

By |2018-09-11T12:06:13+00:00September 12th, 2018|Medical Malpractice|

About the Author:

Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.

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