$5.5 Million Awarded in Birth Injury Lawsuit

Approximately 27 out of every 1,000 children in the U.S. are born with a birth defect. Although some of them are due to genetic factors, others are caused by medical negligence and complications during labor and delivery. Medical malpractice is a common issue cited in the resultant lawsuits. One such birth injury lawsuit, which was filed on behalf of a now 6-year-old girl and her parents, resulted in a $5.5 million jury award. The family is from Burlington, Iowa.

The girl suffers from shoulder dystocia, a condition that has resulted in a complete loss of function in her right arm. According to allegations raised in court documents, the defendants, which consisted of two physicians and the medical facility, failed to act appropriately to prevent permanent injury. After the birth injury lawsuit was filed in 2009, two years after the birth of the little girl, the defendants decided against a birth injury settlement. Whether the defendants are going to pursue an appeal is unknown.

Brachial plexus injury leads to permanent damage

The brachial plexus is a group of nerves that start in the neck area and branch out. They serve to control sensations and movements in the upper limbs. An injury to these nerves can cause paralysis. A brachial plexus injury is associated with shoulder dystocia, which is a condition that occurs when the shoulder of the baby is stuck behind the mother’s pelvic bone.

The six-year-old girl named in the lawsuit suffered a shoulder dystocia injury. This type of birth injury requires urgent action by the attending physicians in order to prevent permanent damage to the baby. There are a number of maneuvers that the physicians could have attempted, such as applying suprapubic pressure or maneuvering the baby. In the case of the victim, her right shoulder had become stuck against a bony structure in the birth canal, which injured the brachial plexus nerves. The birth injury lawsuit claimed that the attending physicians should have done more to remedy the situation and prevent permanent damage.

Notable birth injury settlements

This lawsuit is certainly not the first to see a large jury award granted to the plaintiffs. Many birth injury lawsuits also settle, and such was the case for a claim filed on behalf of one family whose child suffered from hypoxic ischemic encephalopathy (HIE). That lawsuit resulted in a $4.72 million settlement. Like the complaint in which the girl suffered from shoulder dystocia, this settlement arose out of alleged medical negligence, in which the physician failed to respond to fetal distress in a timely manner.

Another notable birth injury settlement resulted in $5 million for a Massachusetts family. The minor child suffers from significant brain damage, which greatly interferes with his ability to care for himself and communicate with others.

Filing a birth injury lawsuit

The Burlington family who were awarded $5.5 million allege that the girl will need additional surgeries, and that she will likely suffer from medical complications for the rest of her life. Although no amount of money can make up for such preventable hospital error, compensatory damages can help  cover medical expenses and allow for ongoing care.

If your baby suffered from a birth injury, you may be eligible to seek damages for medical expenses, pain and suffering and other losses. The experienced lawyers of Balkin & Eisbrouch offer free case evaluations. Call us today and we can help determine if the birth injury was a result of medical negligence.

Resources Resources