Jury Trial Demanded in Pittsburgh Birth Injury Lawsuit

Steve Cid | January 10th, 2014 | Posted in Cerebral Palsy Lawsuit News

 Birth Injury LawsuitOn November 6, 2013, a young Pittsburgh mother filed a birth injury lawsuit against Magee Women’s Hospital and others alleging that the hospital and her physician caused her son irreparable damage by ignoring their own concerns during delivery.

The plaintiff, a healthy law enforcement professional with no preexisting problems and an uneventful pregnancy, alleges that the physician, Dr. Robert Kaminski and his team, failed to recognize and respond to mounting distress signals over 27 hours of labor including continual “fetal compromise”, a fetal heart rate with “no reassuring characteristics”, shoulder dystocia (the baby “stuck” in the birth canal), and fetal tachycardia (accelerated fetal heart rate).

Several notations on the plaintiff’s chart during labor are telling. They detail concerns by Dr. Kaminski that an “expedited delivery” may be needed. A follow-up notation describing “a potential semi-emergent” C-section is changed twelve minutes later to “probable emergent” C-section. One minute later, the chart is changed to a “hurry-up” C-section, and the plaintiff is finally rushed to the OR.

The lawsuit alleges that the order for an emergency C-section was required long before the team finally responded. In the OR, rather than proceeding with the C-section, Dr. Kaminski attempted a forceps delivery because of the baby’s position in the birth canal. He was unable to lock the forceps on the fetus and only then proceeded with a C-section.

Birth asphyxia leads to devastating results

Following delivery, the infant exhibited classic signs of birth asphyxia and traumatic failed forceps delivery– brain injury, brain swelling, brain bleeding, and scalp bruising caused by birth asphyxiation and trauma from the forceps attempt. The infant now suffers from developmental delays, respiratory distress syndrome, hypoxic ischemic encephalopathy (impairments due to lack of oxygen to the brain), seizure disorder, and cerebral palsy (brain and nervous system function disorder involving movement, learning, hearing, seeing, and thinking). He receives occupational therapy, and physical speech, vision, and developmental therapies.

The lawsuit alleges that Magee Hospital and University of Pittsburgh Physicians (UPP) suffered a complete breakdown in their training protocols leaving their undermanned obstetrics staff unprepared to take timely action in a medical emergency.

It further alleges that Dr. Kaminski caused the brain injury by failing to perform a timely C-section, failing to recognize and react to urgent fetal warning signs, and attempting a contra-indicated forceps delivery.

Damages demanded for a lifetime of disability and heartache

The birth injury lawsuit demands damages for continued medical and psychological care and treatment, pain and suffering, loss of enjoyment of life, loss of income and earning power, partial or permanent disability, embarrassment and humiliation, emotional distress, and costs of medical, therapeutic, and rehabilitative services, equipment, and appliances.

The law firm of Balkin & Eisbrouch understands the emotional and financial hardships placed on families whose children have been injured by negligent medical care. Their lawyers are currently offering free case evaluations to help parents determine their eligibility for filing a claim.

Well-versed in birth injury malpractice cases, their legal team has leveraged 45 years of litigation skills to secure court awards and birth injury settlements on behalf of clients.


  1. Lehighvalleylive.com, Jury awards family $55 million for boy’s injuries at birth at St. Luke’s University Hospital http://impact.lehighvalleylive.com/lehigh-county/print.html?entry=/2013/12/lehigh_county_jury_awards_fami.html

  2. Mayo Clinic, Diseases and Definitions, Cerebral Palsy http://www.mayoclinic.org/diseases-conditions/cerebral-palsy/basics/definition/CON-20030502

  3. Cerebral Palsy Alliance, Cerebral Palsy, What is Cerebral Palsy? https://www.cerebralpalsy.org.au/what-is-cerebral-palsy/