Family Receives $4.72 Million Birth Injury Lawsuit Settlement

Staff Writer | February 24th, 2013 | Posted in Recent Settlements

birth injury lawsuit settlementA mother and her child reached a $4.72 million birth injury lawsuit settlement against a Kansas hospital, the obstetrician, and nursing staff who were accused of medical negligence. The lawsuit claimed that the Salina Regional Health Center and its hospital staff failed to provide an acceptable standard of medical care while the mother was in labor and during the subsequent delivery of her child. The plaintiffs’ cerebral palsy lawyer alleged the medical staff’s actions during the delivery process caused the child to develop cerebral palsy and suffer other permanent injuries.

Details of cerebral palsy lawsuit

According to the complaint, the mother was 39.5 weeks pregnant and in labor when she arrived at Salina Regional Health Center in February of 2006. The fetal heart monitor immediately showed signs of umbilical cord compression, but the obstetrician didn’t arrive in the hospital room to see the mother for a half an hour. While treating the mother, the obstetrician ruptured the membrane and the fetal heart rate decreased. When the fetal heart rate slows down, it is usually a sign of insufficient blood flowing through the placenta due to umbilical cord occlusion. The cerebral palsy lawsuit alleges that the obstetrician and nurses failed to evaluate or treat the mother for the next fifteen minutes even though the fetal heart monitor alarm kept going off.

When the obstetrician returned to the hospital room, he told the nurse the mother should start pushing so that the child could be delivered vaginally even though the heart monitor still showed signs of fetal distress. After the obstetrician gave the nurse instructions, he left for four minutes before hospital personnel were able to locate him. Upon returning to the delivery room, the obstetrician then ordered an emergency C-section. The baby suffered from asphyxiation and almost died during delivery, according to the court documents.

As detailed in the complaint, umbilical cord compression during labor led to oxygen deprivation to the baby’s brain, causing the child to develop cerebral palsy. Consequently, the child’s severe and permanent injuries require ongoing medical care. The plaintiffs’ legal counsel requested compensation for the child’s medical expenses, loss of future earning capacity, and other damages.

Birth injury lawsuit settlement negotiated

The birth injury lawsuit alleged the obstetrician, nurses, and hospital failed to provide the standard level of care viewed as acceptable by healthcare professionals dealing with similar circumstances. The plaintiffs further contend that the obstetrician and nurses failed to respond to signs of fetal distress in a timely manner and failed to administer appropriate treatment to prevent the child’s condition from getting worse. The claimants’ cerebral palsy lawyer contends that the child’s injuries could have been avoided but for the negligent acts and omissions of the hospital staff.

The parties were able to resolve the case before going to trial and reached a birth injury lawsuit settlement during mediation. Salina Regional Health Center offered to pay the remaining amount left under its insurance policy which totaled $3.7 million. The obstetrician agreed to a $1 million settlement based on the maximum coverage available under his insurance policy. The obstetrician also provided an additional $20,000 from his personal assets to help cover the plaintiffs’ legal costs.

Consult a cerebral palsy lawyer

If you suspect that your child suffered from oxygen deprivation and developed birth injuries such as cerebral palsy due to medical negligence, the attending healthcare professionals may be held accountable. The legal team at Balkin & Eisbrouch understands the emotional and financial obstacles families face when their children have been injured as a result of substandard medical care. Their skilled birth injury attorneys use their experience, litigation skills, and resources to win court awards and negotiate birth injury settlements on behalf of clients. Call today for a free case evaluation.

  1. Cerebral Palsy, PubMed health. http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0001734/

  2. Cerebral palsy and clinical negligence litigation: a cohort study. http://www.ncbi.nlm.nih.gov/pubmed/12504928