$5 Million Settlement Negotiated in Birth Injury Lawsuit

Ava Lawson | December 28th, 2012 | Posted in Recent Settlements

Cerebral Palsy LawyerIn what may be one of the state’s largest birth injury lawsuit settlements, a Boston family agreed to a $5 million settlement to pay for their disabled son’s long-term care. As detailed in court documents, the parents claimed medical negligence during their son’s delivery at Melrose-Wakefield Hospital led to his permanent injuries, which include a severe form of cerebral palsy.

The birth injury lawsuit contended that the child’s stressful, oxygen-deprived delivery was the direct cause of his brain damage. The young boy cannot talk, walk, eat or sit up without help, and requires 24-7 nursing care to attend to his needs. The grieving family who is faced with overwhelming medical bills says the pretrial settlement will ensure their child is taken care of for the rest of his life.

Brain damage lawsuit cites doctor error

According to the family’s birth injury lawyer, the attending nurse and doctor erred badly during the plaintiff’s childbirth, failing to act promptly to early signs of fetal distress and asphyxia. The child, who was delivered on July 11, 2001, was born seemingly lifeless after a long and stressful labor. His mother remembers that his skin had a bluish tint and he didn’t take his first breath for a full 32 minutes.

The parents claim that had doctors performed a timely C-section at the first signs of fetal distress, their child would have been born completely healthy. The plaintiffs’ lawyer had lined up medical experts who were ready to testify at trial, but the case was mediated out of court. While the exact causes of the child’s neurological damage was not pinpointed, hospital error was deemed a contributing factor in his debilitating diagnosis.

File a birth injury lawsuit

If you suspect your child suffered injuries due to medical negligence or mistakes committed by health care practitioners, you may be entitled to compensation for the pain, suffering, and medical expenses that accompany such a heartbreaking event.

For unwavering dedication and compassion, please contact a birth injury lawyer at Balkin & Eisbrouch today. Our professional legal team offers decades of experience successfully litigating claims based in medical malpractice. The consultation is always free and you pay nothing unless you win your case.