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