Jury Awards Family Of Infant With Brain Damage $31,000,000 In Medical Malpractice Case

The medical term for a vaginal delivery following a previous C-section is VBAC. VBAC women are at risk of a ruptured uterus during labor. When this happens the unborn child’s necessary oxygen supply, which is obtained through the placenta, can be cut off. When this continues for a prolonged interval of time the unborn child can sustain brain damage and be left with significant lasting disabilities.

Examine a recently documented claim involving a pregnant woman who went to the hospital for a planned natural delivery of her child. She had a C-section in an earlier pregnancy but the nurse gave her a drug widely used to induce labor. The application of this medication needs to be properly followed because it can result in overstimulation of the uterus and end up a serious complication especially at higher levels. The nurse did not inform the doctor that the pregnant woman's contractions became irregular Instead, as the contractions escalated to obviously unsafe levels, the nurse continued to administer the drug.

The baby was denied essential oxygen for an interval of roughly 18-20 minutes from what turned out to be a uterine rupture. The baby was in fetal distress during this time – a condition that can be tracked by a machine which monitors the unborn child’s heart rate. He has significant cerebral palsy. He is unable to walk or to talk. He cannot hold anything in his hands. He is unable to eat without the use of a feeding tube. He can, though, recognize members of his family and is alert. Yet he will require full-time life assistance. The law firm that represented the family revealed that the case went to trial and the jury returned a verdict of $31 Million. This total included $26,000,000 to cover future medical care.

As this lawsuit shows nurses and hospital staff have a duty to determine if complications occur in a pregnancy, need to know and understand the effects and danger signs of the drugs they give, and let the physician in charge know about any signs that indicate there is a difficulty happening. Whether due to a lack of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the child. If this takes place the family (both on their own behalf and on behalf of the baby) may be able to bring a case for malpractice. As this lawsuit likewise illustrates - such lawsuits, because of the nature and extent of the injury to the child, can lead to a substantial recovery.

You can learn more about fetal distress and other types of birth injuries including group b strep matters by visiting the websites