This Jury Awarded a 3-Year-Old Millions in Birth Injury Case

Posted on November 11, 2015 at 11:10am by

Photo of courtroomThe family of a 10-year-old girl in Sacramento, California filed a lawsuit against the hospital and attending physician they felt were responsible for the birth injury their daughter sustained during delivery.

A jury recently agreed with the plaintiffs that the doctor should be held liable since he waited too long before ordering a cesarean section during the prolonged and difficult delivery. The child monitor showed that the baby’s heart rate was slowing at an alarming rate, but still the doctor did not act within a reasonable amount of time.

As a result of the doctor’s actions, or inaction rather, the baby girl suffered a serious birth injury, likely due to birth asphyxia (oxygen deprivation). Other doctors have said that she will likely never be able to walk, talk, or otherwise care for herself. In addition, she is blind, suffers from frequent seizures, and has to be fed through a tube that feeds directly into her stomach for the foreseeable future.

The jury awarded the baby $9.6 million in damages. The mother of the injured child was also awarded $250,000 in compensatory damages for her emotional trauma.

How Can These Damages Help Families of Babies Injured at Birth?

The damages will help the family to financially cope with the tragedy (home modifications, medical care, assistive technology/equipment), but no amount of money will replace what could have been a normal, healthy childhood for the baby girl. Hopefully, court victories such as these will further motivate other doctors to always perform at their best to avoid even one other incident.

Donald G. Targan & AssociatesAtlantic City medical malpractice lawyers


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