Utah Parents Demand Compensation for Child’s Hypoxic Brain Injury

Ava Lawson | July 3rd, 2013 | Posted in Cerebral Palsy Lawsuit News

Birth Injury Lawyers – Hypoxic Brain Trauma, Cerebral PalsyUtah Valley Regional Medical Center and the United States of America are named as defendants in a recent birth injury lawsuit. The complaint was brought by a husband and wife who claim that negligent medical care during their child’s delivery caused him to suffer hypoxic brain injury and cerebral palsy.

The plaintiffs allege that as a result of the inadequate care by the defendant and its staff, their boy now has catastrophic brain damage, irreversible spastic quadriplegia, blindness, deafness, the inability to speak, severe developmental delays and other grave permanent disabilities. Birth injury lawyers filed the lawsuit in the U.S. District Court, District of Utah (Central) on March 15, 2013.

Allegations of negligence in birth injury lawsuit

The complaint states that the minor child was born at Utah Valley Regional Medical Center in Provo. According to the lawsuit, the baby showed symptoms of fetal distress during the labor process, but evidence of changes on the fetal monitoring strip were allegedly misdiagnosed or undiagnosed by attending doctors, which caused the infant to suffer hypoxic brain injury prior to his birth.

A hypoxic brain injury is caused by a decrease in vital oxygen supply to the brain. While details on the severity of the hypoxia are not explained, the baby was later diagnosed with cerebral palsy and severe mental impairment, suggesting a significant span of time had passed with limited oxygen.  In worst case scenarios, fetal hypoxia can result in coma, seizures and sudden death.

The family contends that the defendants had a legal responsibility to exercise due care in the treatment of their baby that upheld the standards of care applicable to all medical providers. The attending physicians allegedly breached this duty, and as a result of their negligent acts and omissions, the minor child has incurred serious and permanent bodily injuries, which will require a lifetime of continuous therapy and medical care.

Damages sought by plaintiffs

The Utah parents believe that defendants should be found liable for medical malpractice and say that their son is now severely physically and mentally handicapped and has suffered substantial pain and anguish. The birth injury lawsuit states that the child has sustained and will continue to suffer the following damages:

  • Past and future damages for costs of medical treatment
  • Damages for impaired earnings
  • Damages for disfigurement and impairment of bodily functions
  • Damages for pain and mental anguish suffered by the child
  • Damages for nursing care, physical therapy, speech therapy, and other care and assistance
  • Damages for court costs and legal fees 

Cerebral palsy birth injuries

Catastrophic birth injuries, such as the ones cited in this lawsuit can result from untreated umbilical cord compression, misdiagnosed or untreated fetal distress, an untimely Cesarean section, and other potential medical mistakes before, during or shortly after labor. If your child was diagnosed with cerebral palsy or suffered hypoxic brain injury, you may be entitled to compensation through a birth injury lawsuit, if medical negligence was the contributing factor.

Due to the complicated nature of these claims, only experienced birth injury lawyers should evaluate your case. Contact the law offices of Balkin & Eisbrouch to discuss your legal options. There is never any cost to you unless we recover damages on your behalf.