Birth injury case results in million dollar award for mother
In birth injury cases, it can sometimes take years for a civil case to reach its conclusion. For parents of children affected by such injuries, however, the waiting can be well worth it, as the compensation is often desperately needed. At times, birth injuries can result in permanent disability, which translates into the need for massive medical expenses and sometimes even long-term care. When Houston-area parents hold negligent parties accountable in civil court, they could eventually receive damages to help them recover from their emotionally and financially draining ordeal.
Recently, a mother was awarded $1 million by a jury in a birth injury case that began back in March of 2011. At that time, the expecting mother went to a hospital and was induced for labor. However, there were difficulties during delivery; the baby was over nine pounds and the doctor had trouble getting the baby's shoulders out. When the newborn finally arrived, the left arm appeared to be abnormally limp. According to the lawsuit, Erb's palsy was also observed.
Erb's palsy is generally less well-known that cerebral palsy, but like its counterpart it can also result from delivery complications or a negligent doctor. Also known as Brachial Plexus Birth Palsy, Erb's palsy involves damage to the nerve system involving a baby's spine and its arms, shoulders and hands. As a result of this condition, a baby often experiences paralyzed arms or shoulders.
In the recently concluded birth injury case, the mother's attorney argued that the large baby should have entered the world via Cesarean section rather than a vaginal birth. The jury deliberated just five hours before awarding the mother hundreds of thousands of dollars in damages. She was awarded $116,500 each for present and future disability, pain and suffering both past and future and disfigurement. She was also awarded $134,000 for past medical expenses and over $500,000 for present and future medical costs.