Category Archives: Birth Injury
Jury Awards Almost $3 Million to Parents of Child Born with Down Syndrome
A jury in Oregon awarded nearly $3 million to the parents of a child born with Down syndrome after prenatal testing showed no genetic indicators of the condition. The plaintiffs in Levy v. Legacy Health System sought compensation for the considerably greater expense associated with raising a child with this serious medical condition. This… Read More »
Court Denies Defendants’ Summary Judgment Motions in Birth Injury Lawsuit Alleging Wrongful Death of Infant
The parents of an infant who died a few days after birth filed a medical malpractice lawsuit, Golub v. Good Samaritan Hosp. Med. Ctr., et al, in a New York state court against the hospital, the medical practice that provided prenatal care, and the doctors who treated her at each location. They sued in… Read More »
Teen Wins $100 Million Verdict in Cerebral Palsy Birth Injury Lawsuit
A teenager suffering from cerebral palsy since birth and her family obtained a verdict of about $100 million in a lawsuit against the hospital where she was born. She was one of a pair of twins born prematurely. While her sister was born healthy, she suffered a brain injury during delivery that has left… Read More »
Damage Claim for Child’s Ongoing Medical Expenses Allowed to Proceed in Wrongful Pregnancy Lawsuit
A woman who sued her doctor for “wrongful pregnancy” may proceed with a claim for damages for her fourth child’s ongoing medical expenses, according to an appellate court ruling in Williams v. Rosner. The plaintiff alleged that she became pregnant because of a botched tubal ligation, which she opted to undergo because of a… Read More »
Birth Injury Lawsuit Tops List of Largest Settlements of 2013
The family of a child born with cerebral palsy settled a medical malpractice lawsuit against the hospital and several physicians for $7.5 million. The lawsuit, Martinez, et al v. Ebert, et al, alleged that the child’s condition resulted from a loss of oxygen just prior to his birth, when the treating physician and nurse… Read More »
Medical Panel Deprives Birth Injury Victim of Compensation
In a recent birth injury case, Mwangi v. Merlin, the Massachusetts Appeals Court panel affirmed the dismissal of the plaintiff’s claims against two physicians. This case illustrates the problems with medical panels and arbitration panels that have been established in many states to take these case out of the hands of capable juries, and… Read More »
Supporters of a Midwife Clinic in South Carolina Protest State Regulations That Could Close It
There have been recent protests in Charleston, South Carolina having to do with a natural birth center and new state health department laws governing midwives. The South Carolina Department of Health and Environmental Control states that, in order to protect the yet unborn babies and their mothers, there should be an “on call” physician… Read More »
British Authorities Fault Hospital in New Mother’s Death After Error Administering an Epidural
Authorities in the UK have ruled that a new mother’s death from brain bleeding in 2010 was due to “gross failures” by the hospital where she stayed during the labor. Malgorzata Doniec stayed at Croydon University Hospital, where she received an epidural by an anesthetist in training. The epidural needle punctured the dural membrane… Read More »
New York Court Denies Boy With Developmental Disorder the Right to Pursue a Birth Injury Claim
Recently, the New York Appeals Division of the Supreme Court dismissed the complaint of a mother and her child on the grounds that the notice of claim was not timely. In Abad v. New York Health and Hospitals Corporation, young Abad was diagnosed at the age of two-and-a-half with pervasive developmental disorders, thought to… Read More »
Texas District Court Denies Family’s Request to Have Their Birth Injury Case Reconsidered in Rodriguez v. United States
Recently, a federal district court in Texas denied a family’s request to have their birth injury case reconsidered. In Rodriguez v. United States, Jessica Rodriguez gave birth to a full term baby referred to as “E.R.” on March 23, 2005 after a scheduled Caesarian section at Wilford Hall Medical Center. At the time of… Read More »
