Severe Birth Injury Results in Multimillion Settlement

A $9 million settlement has been tentatively agreed to by the parties involved in a birth injury lawsuit.

The cerebral palsy birth injury settlement was filed after the minor child was found to have “catastrophic brain injury” due to alleged medical negligence. The child is expected to require medical care and close supervision 24/7 for his lifetime. With the settlement money, his family can ensure that his needs are met.

His family expects to receive $5 million as an initial lump sum payment, with $4 million to follow in regular payments throughout the child’s lifetime. Although medical malpractice settlements are often kept confidential, the details were made public in this case because the hospital is a government institution. Currently, the family is awaiting the final approval of the settlement by the U.S. Department of Justice.

Expectant mother had a high-risk pregnancy

The family currently resides in Virginia; however, the minor child was born in 2010 at a military hospital in Honolulu. On September 7, 2010, the expectant mother was admitted to Tripler Army Medical Center at 35 weeks. She complained of significant abdominal pain. Previously, the mother had been determined to have a high-risk pregnancy because she had suffered miscarriages and experienced complications with the birth of her first son. Her doctor had diagnosed her as having a high risk of uterine rupture.

According to the cerebral palsy lawsuit, the attending healthcare professionals failed to promptly notify her obstetrician when she presented to the hospital. The lawsuit contends that the staff members are negligent for failing to properly respond to the potential signs of uterine rupture and for delaying an emergency Cesarean section.

Uterine rupture occurs when the uterine wall tears, a condition that requires an emergency C-section. This condition may occur due to having previously had a C-section; the physical force exerted by the contractions may cause the scar tissue to give way. A woman may also be at an increased risk of uterine rupture if she’s had five or more children, a deeply implanted placenta, a highly distended uterus, a prolonged labor, or excessively forceful contractions.

During labor, obstetricians and other attending healthcare professionals monitor the baby’s heart rate for signs of distress. Heart rate abnormalities are one early sign of a uterine rupture. Other indicators include severe abdominal pain, which the mother had complained of when she went into labor. Despite these indicators, the lawsuit alleges that the staff members failed to recognize a possible uterine rupture and perform a C-section.

Child born with “catastrophic brain injury”

As an alleged result of these medical mistakes, the minor child was born with brain damage and diagnosed with cerebral palsy. Although no amount of money can reverse the child’s medical challenges, the birth injury settlement can help the family provide the extensive care he’ll need. Cerebral palsy is an umbrella term for a group of disorders characterized by damage to the brain.

The challenges associated with cerebral palsy have broad implications on a child’s growth, development, and quality of life. Cerebral palsy can lead to learning disabilities, vision impairments, hearing problems, and even seizure disorders. Children with cerebral palsy often struggle with speech and language challenges. If approved by the DOJ, this birth injury settlement can help the family address the many challenges of their child’s cerebral palsy with the best medical care and special education services.