Results tagged “Birth injury” from Medical Malpractice Lawyers & Attorneys

Today, it has been announced that a family won a $29.1 million verdict against the federal government.  The medical malpractice lawsuit was filed on behalf of Christian Arroyo.

In May 2003, Christian Arroyo was born at Northwestern Memorial Hospital in Chicago, Illinois.  However, during the birthing process, he suffered brain damage and has since been diagnosed as quadriplegic with cerebral palsy. 

Arroyo's family filed the lawsuit in federal court and listed the U.S. government as a defendant because the doctors that delivered Arroyo worked for a federally funded Chicago clinic known as the Erie Family Health Center.

The family's lawyer filed the case under the Federal Tort Claims Act.  The Act allows individuals to sue the federal government, but cases require bench trials in place of jury trials. 
On Friday, Northern District of Illinois Judge Amy St. Eve issued a verdict in favor of the Arroyo family. 

In June 2009, the family received a $6.5 million settlement with the hospital where Christian Arroyo was born.  The new verdict will set off the prior verdict.

If you plan to file a medical malpractice lawsuit, click here to find a medical malpractice attorney near you!

A jury in Montgomery County, Maryland found Dr. Leonard Bienkowski of Frederick Memorial Hospital negligent in delivering a couple's son, an incident that led to a fatal birth injury.

Sandra and John Ketterman were awarded $1.85 million in damages after their son died from a serious birth injury.  The Ketterman's wrongful death lawsuit claims that Dr. Bienkowski's use of vacuum extraction during the delivery was what ultimately led to the injury that cost their son his life. In the lawsuit, the Kettermans argue that Dr. Bienkowski did not follow the accepted standards of medical care, and did not warn the couple about the dangers associated with vacuum extraction.

Dr. Bienkowski decided to use vacuum extraction when the baby's head became lodged in the birth canal.  Vacuum extraction is typically used when a baby is in distress, however, the Kettermans argue that their son did not appear to be in distress, and that if they had known about the risk of injury associated with vacuum extraction they would have opted for a cesarean section instead.

Vacuum extraction involves applying suction to the child's head to help remove a child from the birth canal and speed up delivery.  This practice has slowly been replaced by the use of forceps, which pose a lesser risk of serious injury, such as facial nerve damage, brain damage, cerebral palsy, and developmental delays.

The Kettermans were awarded $752,000 for economic damages, $100,000 for their son's conscious pain and suffering before his death, and $500,000 to each parent for their suffering.

For more information about serious and fatal birth injuries, please click here to find a medical malpractice lawyer near you.

A Florida jury awarded $4 million to the family of an 11-year-old girl who suffered brain damage at birth as the result of a several hour delay in securing an operating room at the hospital.

The lawsuit was filed by the parents of Jordan Preshong Brown, who developed cerebral palsy after suffering from brain damage.  According to the lawsuit, Jordan's mother was carrying twins when she was admitted to the hospital with premature contractions. Shortly after she was admitted, one of the twins died in utero, causing Jordan to go into premature distress.

The lawsuit alleges that Good Samaritan Hospital in West Palm Beach was negligent in causing Jordan to develop cerebral palsy and mental retardation because the hospital couldn't secure an operating room for the Cesarean section until several hours after it was needed.  As a result, Jordan's brain was deprived of oxygen, causing permanent brain damage.

The hospital maintains that Jordan's condition was caused by her premature delivery, not the hospital's negligence.  The jury disagreed.  Good Samaritan Hospital, Inc. was found liable for the birth injury and ordered to pay $4 million in damages.

Cerebral palsy is a life-long disability that affects movement control and muscle coordination.

For more information about birth injuries, click here to find a medical malpractice lawyer near you.

A South Carolina jury awarded $4.4 million to the parents of girl who developed cerebral palsy after suffering a brain injury during birth.

Sierra Wilson was born in November 2003 with severe brain injury due to oxygen deprivation, and later developed cerebral palsy. Sierra died February13, 2008 of complications of the condition.

The jury said Piedmont Hospital was at fault when it assigned a nurse trainee to monitor Robin Wilson. The nurse misread Wilson's fetal monitoring data, which showed the baby was in dire distress and needed emergency intervention.

"When medical professionals fail to meet reasonable standards of care, they need to be held accountable, and the jury agreed with that," said Ken Suggs, who represented Robin Wilson and her husband Bruce.

For more information about birth injuries, click here to find a medical malpractice lawyer near you.

A woman whose daughter developed cerebral palsy during the birthing process has filed a medical malpractice lawsuit against St. Louis University, Memorial Hospital, and the doctor who performed the delivery.

Linda Overmeyer filed a complaint in St. Clair County Circuit Court in Illinois alleging that mistakes made during the delivery of her daughter Haley caused the baby to develop cerebral palsy, a type of brain injury that affects motor skills.  According to the lawsuit, Dr. William Keenan failed to appropriately resuscitate the child and ensure she was properly intubated and monitored.

Overmeyer claims Williams, who is an employee of St. Louis University and Memorial Hospital, failed to adhere to the appropriate standard of medical care during the January 9, 2005 birth of her daughter.  Overmeyer alleges that her daughter's injuries could have been prevented had the doctor not made mistakes during the delivery.

Cerebral palsy is an incurable condition which can cost upwards of millions of dollars to treat throughout a child's lifetime.

To learn more about brain injuries, click here to find a medical malpractice attorney near you! 

 

A jury in Pennsylvania has awarded $20.5 million in damages to a child who was diagnosed with cerebral palsy as the result of a birth injury.

The medical malpractice case, which was filed by the child's mother, Laura White, claimed that her son, Cody White, suffered brain damage as the result of doctor and hospital negligence. According the lawsuit, White was hooked up to a fetal monitoring system that indicated the baby was in distress. White said the doctor took two hours to arrive, and even after his arrival, attempted to try and induce labor instead of doing an emergency Caesarean section.

Cerebral palsy is form of brain damage that affects motor skills. The family claimed that the doctor and hospital staff failed to perform an immediate Caesarean section which caused a lack of oxygen to Cody's brain, directly resulting in permanent brain damage.

The lawsuit alleges that as the result of the doctor's four-hour delay, Cody White, who is now 7, requires 24-hour care, is unable to use his hands, is mentally retarded, suffers from blindness, and functions at the mental capacity of a 9 month old.

According the Scranton Times, the family was awarded $2 million for past expenses and $18.5 million for Cody's pain and suffering, lost earning capacity, and future medical expenses.

For more information regarding cerebral palsy, brain injuries, or birth injuries, click here to find a medical malpractice attorney in your state.

The Nevada Supreme Court has overturned a lower court's ruling to dismiss a medical malpractice lawsuit involving a birth injury. 

Marilyn Monroe, whose son suffered a brain injury during birth, filed a lawsuit against Dr. Barry Halpern more than four years after the incident took place. Under Nevada law, victims of medical malpractice must file their claims within four years. However, for medical malpractice lawsuits involving brain injuries or birth defects, the statute of limitations extends until the child reaches the age 10.

James Monroe, now 13, was born in May of 1995 at Sunrise Hospital in Las Vegas. During an emergency C-section his head was accidently lacerated by a scalpel. After multiple failed attempts to stop the bleeding a pediatric surgeon closed the wound, leaving baby James with a brain injury.

Although Monroe filed the lawsuit four years after accident, she did file it before his 10th birthday.

The Nevada Supreme Court dismissed the lower court's ruling after determining that the injury qualifies as brain damage or a birth defect under state law.

According to the Las Vegas Sun, the case will now return to Clark County District Court for further litigation.

For more information regarding birth injuries or brain injuries, click here to find a medical malpractice attorney near you!  

A Wisconsin couple was awarded $11.4 million in a medical malpractice lawsuit against a certified nurse midwife and a registered nurse at Gunderson Lutheran Medical Center.

Chad and Amy Jelinek claimed that their son suffered brain injuries due to complications during his birth in 2005. The lawsuit, which was filed in 2006, charges that Glenda Pinkham, a nurse midwife, and Michelle Dwyer, a registered nurse, acted negligently during the birth of their son and "failed to act appropriately and to deliver Laine in a timely fashion." The Jelineks are also claiming that Pinkham misread the fetal monitoring strips that showed the baby was in distress, and that she should have called the doctor when the delivery was not progressing normally.

The Jelinek's doctor, Dr. Shannan Stephens was cleared of any wrongdoing by the jury.

During the trial medical experts were brought in to give their professional opinions on the quality of care the Jelinek's received, and whether or not the care or lack of care led to the brain injuries that left the baby with cerebral palsy.

Jeff Goldberg, attorney for the Jelineks, said the family was relieved with the jury's decision, but that in no way does the settlement serve as a reward.

"The family was relieved to see that those responsible for Laine having this severe debilitating condition are being held responsible," said Goldberg. Goldberg continued to say, "This is not reward. This is barely compensation. But it will change Laine's life forever and make the family's life reasonable."

In a prepared statement, Gundersen Lutheran Medical Center acknowledged that the Jelinek's have gone through a difficult time, but stood behind the quality of care provided at the hospital. At this time the hospital as yet to decide if it will appeal the jury's decision.

To find out more about the birth injury laws in your state, click here to find a medical malpractice lawyer near you!