A Pennslyvania judge has opened court records in a case involving a $19.5 million settlement between a mother whose child was born with brain damage. Defendants in the case wanted to permanently seal the case. However, the judge ruled the public had a right to know the dangers.
About Birth Injuries
A birth defect is a health problem that usually is DNA related. Some examples are Down Syndrome, a cleft palate or even a heart murmur. Sometimes birth defects derive from outside factors like taking SSRIs during pregnancy. A birth injury is one suffered by a child during labor or delivery or soon after birth. Birth injuries may range from minor problems such as lacerations or bruising to severe injuries that could prove fatal. Medical staff can make mistakes that harm your child. These mistakes could hurt him or her for their entire life. These mistakes could happen for a variety of reasons, including inattentiveness, exhaustion, or inexperience. When it comes to harming a newborn, these reasons are not excusable.
Inside the $19.5M Birth Injury Settlement
The original case involved a mother who insisted that Wilkes-Barre General Hospital, OB-GYN Associates, Moses Taylor Hospital and two other doctors caused her son to be born with a hypoxic brain injury that left him dependent on a feeding tube, and unable to walk, crawl or stand. The mother went to her OB-GYN office 19 days before her baby’s due date. She complained of a headache, dizziness, nausea, backache, hypertension and possible decreased fetal movement. The on-call obstetrician relayed instructions to staff in the office over the phone. The doctor told the mother to take Tylenol every four-to-six hours for her headache, to apply Bengay cream for back pain, and to eat bland food for the rest of the day.
However, the mother knew something was wrong and returned to the office the next day. A different doctor performed some tests that showed decreased fetal heart rate and abnormal biophysical profile. Yet, the doctor didn’t send the mother to the hospital. In fact, it took two hours for the order. Then, more time passed before her cesarean section. If the staff performed the necessary tests first or sent her to the hospital right away, her baby could have been saved from a lifetime of complications.
A jury agreed and awarded the mother $19.5 million.
Compensation for Birth Injuries
Birth injuries are often lifelong complications that require consistent medical treatment and rehabilitation. Depending on the severity of the injuries, the financial costs associated with birth injuries can be expensive. These can range from several thousand to over a million during the lifespan of a child with birth injuries.
For instance, according to the Centers for Disease Control and Prevention (CDC), the lifetime costs associated with a child who has cerebral palsy (CP) is around $1 million. The costs associated with a child who suffers hearing loss after a birth injury typically ranges around $400,00.
Therefore, it is important to remember that if your child’s birth injuries are a result of medical negligence and carelessness, the medical staff, hospital, and/or physician may be liable for damages. A complex litigation attorney can help. At The Michael Brady Lynch Firm, our lawyers have decades of experience helping injured people get justice and full compensation for injuries caused negligence. The Michel Brady Lynch Firm regularly takes on the largest corporations in the world with a track record of proven success and results. Contact The Michael Brady Lynch Firm today, and our attorneys will review your case for free and help you protect your rights. For your complimentary consultation, call our office now.