Category Archives: Birth Injury
Court Affirms Verdict in Favor of Defendants in Birth Injury Case Despite Allegations of Juror Misconduct.
In a decision recently released by the Supreme Court of Vermont, a verdict in favor of the defendant in a birth injury case was upheld on appeal. The plaintiffs did not receive an award from the jury after a trial in the case of Labate v. Rutland Hospital, since the jury found that the… Read More »
Boy Suffers Brain Injury During Birth and Develops Cerebral Palsy
Recent developments have arisen in a case filed against doctors and a hospital after a woman gave birth to her son at the hospital in July 2005. The boy allegedly suffered a birth injury as a result of the negligent treatment of his mother and the circumstances surrounding his birth. In response to her… Read More »
Declining Cesarean Section Rates May Be Causing an Increase in Birth Injuries
A recently published news article has reported on the interesting assertion that a decline in the rate of births that are performed by cesarean section has resulted in an increase in the number of birth injuries suffered by both mothers and newborn babies. According to the report, primary reasons for the decline in the… Read More »
Woman’s Birth Injury Claim Rejected After Judge Finds Alternate Causes for Injuries to Newborn Child
A decision was recently handed down in a birth injury case that rejected the plaintiff’s claim and will possibly result in her being held responsible for the legal fees incurred by the defendant in defending the claim. The court reasoned that there were alternate causes for the injury that were noticed after the baby… Read More »
State Court of Appeals Upholds Jury Verdict in Birth Injury Case
The Wisconsin Court of Appeals released a decision this summer in the birth injury case of Seifert v. Balink, affirming the jury’s award of damages to a family after a medical malpractice trial. The jury decided that the family should be compensated for injuries suffered by the child as a result of the defendant’s… Read More »
Family of Baby Born with Cerebral Palsy Receives $2.9 Million Interim Settlement While the Proceedings Continue
The family of a baby who was born with a debilitating condition as a result of the hospital’s allegedly negligent birth procedures has received an apology and an interim settlement from the responsible party. According to one news source, the settlement, which totaled the equivalent of $2.9 million, is only to cover the interim… Read More »
Midwife Convicted on Felony Charges After Failed Home Birth
A unlicensed North Carolina midwife entered a guilty plea to charges filed as a result of a failed home birth for which she worked as a midwife in July 2012. The woman, who was initially charged with murder of an unborn child, assault inflicting serious bodily injury, obtaining property by false pretense, and obstruction… Read More »
Family Awarded $31.3 Million After 13-Year Battle to Hold Hospital Responsible for Birth Injury
The parents of a boy who developed severe brain damage, causing epilepsy and autism, after he was allegedly prematurely released from the hospital hours after his 2002 birth have been awarded a $31.3 million payout after a long battle and malpractice trial. After the verdict was released, the hospital that was responsible for the… Read More »
State Supreme Court Affirms Dismissal of Case Involving Birth Injury State Supreme Court Affirms Dismissal of Case Involving Birth Injury
The South Carolina Supreme Court released a decision earlier this month upholding a lower court decision that a woman’s medical malpractice claim related to a birth injury was barred by the statute of limitations. The Court ruled that the mother’s incapacitated state did not act to toll, or extend, the statute of limitations for… Read More »
State Supreme Court Orders New Trial for Birth Injury Victim After Discovery of Improper Communication Between Judge and Jury During Deliberations
Earlier this year, the Supreme Court of Georgia released an opinion in which it affirmed a Georgia Court of Appeals ruling that granted the plaintiffs in a birth injury action the right to have a new trial after it was discovered that the trial judge had written a note to the jury during deliberations… Read More »
