The decision to pursue a civil lawsuit regarding a birth injury is never
an easy one. Sometimes, however, a lawsuit is the only means by which
a Texas family can hold a negligent doctor or hospital accountable. Moreover,
the settlement from such a lawsuit may be the only manner in which a family
can cope financially with medical expenses and rehabilitation for their
child. Since birth injuries may impact a child and family members for
life, the stakes can be quite high in a related lawsuit.
Recently in another state, a jury awarded $18 million to a family whose
child suffers from cerebral palsy. When the woman gave birth in 2007,
her pregnancy had been normal and complication-free up until that time.
However, during the birth itself, her labor had to be induced and her
physician issued specific instructions to his nursing staff. These included
making sure the woman’s contractions did not surpass four in the span
of one hour, and also that her Epidural dose should be reduced.
Unfortunately, the staff did not adhere to the instructions and, as a result,
her baby became lodged in the birth canal. During the delivery process
this can be particularly dangerous as it impedes the baby’s oxygen
supply. That appears to have occurred in this case and the child subsequently
developed cerebral palsy. The jury in the ensuing birth injury case noted
that were it not for the action or inaction of the defendants, the child
would not have suffered from spastic quadriplegia, which is a type of
cerebral palsy.
While a successful birth injury lawsuit can never fully right the wrong
done to a family, it can provide sorely needed compensation for injuries.
In this case, the jury took into account the lifelong expenses of the
child’s medical condition. The jurors thus awarded the family $9 million
for care, $4.5 million for pain and suffering and $1.5 million for future
lost wages.