A birth injury medical malpractice jury in Ohio returned its verdict against the defendant hospital and the defendant OB-GYN on October 6, 2016 after a four-week trial, finding that the defendant hospital was 70% responsible, and the defendant OB-GYN 30% responsible, for the severe and permanent birth injuries suffered by a baby at birth.
The Ohio birth injury jury awarded the plaintiffs $10.3 million for the child’s future economic loss that included medical care expenses, and an additional $1.8 million for the child’s lost earning capacity. The Ohio birth injury malpractice jury also awarded the parents of the now nine-year-old child $150,000 each, for their loss of consortium claims. The child’s birth took place in February 2007.
According to reports, the parents’ birth injury lawsuit alleged that nurses at the defendant hospital and the defendant OB-GYN negligently failed to accurately interpret the fetal heart monitoring strips during labor, negligently failed to respond to the mother’s contraction patterns, negligently failed to timely induce labor in light of fetal distress, and the nurses failed to timely and accurate advise the physician regarding the status of labor.
As a result of the alleged labor and delivery medical malpractice acts and omissions, the parents alleged in their Ohio birth injury lawsuit that their son was not breathing at the time of his birth, that he suffered a permanent, irreversible brain injury, and that he developed cerebral palsy and suffered developmental delays as a result.
The child will need life-long medical care due to his birth injuries and he will be unable to live independently or care for himself due to his brain injury.
After the Ohio medical malpractice trial, the defendant hospital issued a statement in which it stated, “Our hearts go out to the Pierce family, and we certainly wish them well.”
The defendant OB-GYN states on his medical practice’s website, “I am a board-certified OB/GYN physician with 20 years experience in treating women of all ages. My main goal as a physician is to provide the best healthcare possible for my patients.”
Cerebral Palsy Birth Injury Claims
Cerebral palsy (“CP”) is caused by abnormal development of the brain or damage to the developing brain that affects a child’s ability to control his or her muscles. The brain damage that leads to CP can happen before birth, during birth, within a month after birth, or during the first years of a child’s life, while the brain is still developing.
CP related to brain damage that happened before or during birth is called congenital CP. According to the CDC, the majority of CP (85%–90%) is congenital. In many cases, the specific cause is not known. A small percentage of CP is caused by brain damage that occurs more than 28 days after birth. This is called acquired CP, and usually is associated with an infection (such as meningitis) or head injury.
Leading Causes Of Infant Death
According to the National Vital Statistics Reports published on August 6, 2016, the leading cause of infant death in the United States in 2013 was congenital malformations, deformations and chromosomal abnormalities (congenital malformations), accounting for 20% of all infant deaths. Accidents (unintentional injuries) accounted for 5% of all infant deaths.
If you or your baby suffered a birth injury during labor and delivery in the United States, you should promptly find a birth injury lawyer in your state who may investigate your birth injury claim for you and represent you and your child in a birth injury case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find birth injury lawyers in your state who may assist you.
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