Long Time Coming For Birth Injury Claim

By Rheingold Giuffra Ruffo & Plotkin LLP

ildren suffer serious injuries in the most unlikely of places and at the hands of the most unlikely individuals.

The traumatic birth of a Massachusetts baby in 2004 has resulted in a jury awarding her family substantial damages for a severe and permanent brain injury. The child, who is now 11 years old, suffered a serious brain injury after her premature birth at a Massachusetts medical center. According to court documents, the child’s mother was taken to the facility at only 28 weeks pregnant due to a noticeable decrease in fetal movement. More than a day after the mother’s admittance, fetal heart rate monitors showed the baby’s heart rate slowing which prompted medical staff to page the on-call obstetrician.

The obstetrician, who was at home at the time, chose not to respond to the call for several hours. Once the obstetrician arrived, a cesarean section was performed, and the little girl was born unresponsive. The child suffered oxygen deprivation and had to be resuscitated. The parents claim that due to the obstetrician’s delay in delivery, their daughter was born with a severe brain injury. She is unable to walk or talk, and cannot feed herself or breathe on her own. She is also legally blind and requires continuous, daily care.

The little girl’s family filed a lawsuit in 2011 that has just now concluded. The jury’s verdict awards the family nearly $30 million. The damages awarded to the little girl and her family is to cover future care, medical bills, pain and suffering and physical and mental loss. The family worked with a medical malpractice attorney to file a lawsuit against the obstetrician responsible for the delayed delivery. For individuals that have suffered a similar loss, speaking to a medical malpractice attorney may be beneficial.

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