On January 3, 2000, an Ohio expectant mother went into the doctor’s office for a non-stress test. Her doctor, Tara Shipman, told her that her unborn baby had a low heart rate, and suggested inducing labor. The mother agreed, and began to experience medically induced contractions.
Later, according to the mother, things went wrong during the delivery. The monitor showed signs of fetal distress, yet the doctor proceeded with vaginal delivery, using vacuum suction and forceps. The baby was born with injuries, and was later diagnosed with cerebral palsy.
The parents filed a birth injury lawsuit, and in October 2010, an Ohio jury awarded them nearly $14 million in damages, agreeing that the doctor was responsible for the child’s injuries. Critics though the birth injury compensation was too high, but the parents were relieved that they could now properly take care of their daughter.
“There will be people who pick at the number,” said the family’s cerebral palsy lawyer. “Until people walk a mile in our client’s shoes, they will never know.”
Parents claim medical negligence in birth injury lawsuit
Cerebral palsy, which is the core issue in this birth injury lawsuit, is a serious health problem that can be caused by medical malpractice during labor and birth. If the fetus is deprived of oxygen during the process, because of forceful contractions, bleeding on the brain caused by vacuum suction, or other mistakes, brain damage may result, causing a lifetime of disabilities.
Cerebral palsy hinders body movement and muscle coordination, causing stiffness and difficulty moving, slurred speech, difficulty swallowing, low muscle tone, tremors, distorted balance, and other related symptoms. There is no cure for the condition, so children who are born with it typically require lifetime care and therapy.
Cerebral palsy lawyer brings expert witnesses
In this Ohio birth injury lawsuit, the parents fought back for their child, seeking a jury verdict or settlement that would help them provide for their daughter’s care as she grew older. Though the defense argued that the doctor had acted correctly during the delivery, the plaintiffs’ cerebral palsy lawyer brought in expert witnesses who testified that the child’s injuries were likely the result of the medically induced contractions and the use of a vacuum during delivery.
Doctors typically use a drug called Pitocin to induce or accelerate labor, and though the medication can be beneficial, careful monitoring is critical. Pitocin produces contractions that are longer and more intense than normal contractions, and reduces time between contractions. In some cases, particularly if too much of the drug is used, it can result in too much compression and force on the baby, which can create fetal distress and low oxygen levels.
Vacuum extraction also has risks. Doctors may use this method to enhance the progress of the baby’s head through the birth canal, but the FDA has warned that they must not use a vacuum for more than ten minutes, and that the tool increases the risk of bleeding between the skull and scalp, which can lead to brain injuries.
Family relieved to secure birth injury compensation
Like other families who have presented a strong birth injury lawsuit, these Ohio parents were able to convince the jury that the doctor had made critical mistakes during the delivery, and that she should have elected to perform a cesarean section at the first signs of fetal distress.
The jury deliberated for over a day, then came back with the $13.9 million verdict. The doctor and her lawyers requested a new trial, saying the jury award was excessive and emotionally driven, but Judge W. Wyatt McKay disagreed, rejecting the request.
In situations where health care personnel have failed in their duty to provide a proper standard of care, victims have options for legal recourse. At Balkin & Eisbrouch, our team of birth injury lawyers are dedicated to helping innocent victims of medical negligence seek justice. Contact our law offices today for a free case evaluation.
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