A family was awarded $32 million as the result of a birth injury lawsuit, after it was proved that two nurses were negligent during the birth of a now 5-year-old girl. The child was allegedly diagnosed with a severe form of cerebral palsy as a result of medical malpractice.

Lily C. was born on Nov. 14, 2009 in Pennsylvania to Leslie P. The birth injury lawsuit stated that Leslie went into labor close to her due date and had experienced no complications. She was given a fetal monitor to monitor Lily’s heart rate during the course of her labor and delivery. 

At 1:07 am, the birth injury lawsuit alleges, Lily’s heart rate dropped from 150 beats per minute (bpm) to 60 bpm. This is an extremely low heart rate for an infant. Despite the risk of the infant experiencing a birth injury, the nurses allegedly did not tell the physician about the heart rate change. 

Fifteen minutes later, the doctor arrived to check on Leslie and immediately told nurses to contact a supervisor and an anesthesiologist and to prepare for an emergency cesarean delivery, according to the birth injury lawsuit. Yet the nurses allegedly failed to contact the supervisor until nearly 10 minutes later, and the anesthesiologist reportedly arrived seven minutes after that.

At 1:49 a.m., Lily was born with a spastic quadriplegic cerebral palsy birth defect. The birth injury lawsuit states that had the child been born even 15 minutes sooner, she may not have this condition or might have avoided a birth injury all together. The medical malpractice shown by the hospital staff was stated to be the reason for Lily’s birth injuries. 

Spastic quadriplegic cerebral palsy is a severe condition that limits an infant’s ability to walk or talk. Lilly also had stiff limbs and was prone to spasms. She also finds it challenging to control her neck. These are conditions that Lily will have to face for her entire life.

Now 5, Lily attends a school for physically and developmentally delayed children and is making some progress in spite of her birth injuries. However, her cost of living, medical care and education have been financially taxing on her parents.

Leslie and Lily were awarded $32 million for the medical malpractice that resulted in a severe cerebral palsy birth defect. Two of the nurses were deemed guilty of negligence by the jury. Other nurses, the physician, and the hospital were found not guilty.

A birth injury is different from a birth defect. A birth injury is normally caused by a physical change during labor and/or childbirth such as oxygen deprivation or misuse/mistakes involving delivery tools. A birth defect affects the DNA of the infant and can be caused by factors such as medication or alcohol intake.

Birth injury lawsuits have been filed across the country by families who believe they were victims of medical malpractice and suddenly had additional costs and stresses in their life due to a birth injury.