The $4.5 million deal that brought to an end a recent birth injury lawsuit will be upheld, a Delaware judge says, saying that the jury’s verdict had enough evidence to support it.

According to the birth injury lawsuit, a baby boy born in 2008 suffered from a serious birth injury due to a doctor’s negligence, leading to permanent shoulder nerve damage. The doctor, Dr. Peter Wong, was allegedly negligent in his delivery of the child, and as a direct result the baby continues to suffer from Erb’s palsy, or arm paralysis.

The jury awarded $3 million in damages for the birth injury lawsuit.

The Birth Injury Lawsuit

The birth injury lawsuit alleges that Dr. Wong breached the “standard of care” in this delivery, as evidence was found showing that he used a maneuver during the birth known as lateral traction, using excessive force.

“The jury had evidence before them to consider and accept Dr. [Marc] Englebert’s [expert] opinion that the permanent injury could only be the result of excessive lateral traction. In doing so, there was evidence in this case that his opinion was based on medical records, eyewitnesses’ accounts of the delivery, and all the other information an expert would ordinarily rely upon in his field,” the judge said.

If your child was injured during birth and it may have due to medical malpractice or negligence, you may be able to file a birth injury lawsuit.

Filing a Personal Injury Lawsuit

A personal injury lawsuit can help secure compensation if you or someone close to you suffered a physical or psychological injury as a result of some other person’s negligence.

Personal injury claims rest on the concept of negligence—that is, the idea that another party’s negligence or carelessness led directly to your injuries. Negligence is legally defined as “the failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury, death, property damage.”

Filing a Birth Injury Lawsuit

A birth injury lawsuit is a common form of personal injury litigation. Other personal injury lawsuits include car accidents, slip and falls, dog bites, medical malpractice, and work injuries, among many others.

If you have a personal injury claim and want to seek compensation, you may be able to file a personal injury lawsuit. A personal injury lawsuit can help compensate for medical bills, lost income, physical pain and suffering, loss of enjoyment of life, disability or disfigurement, property damage, emotional distress, and/or wrongful death.

Filing a personal injury lawsuit cannot take away the pain and suffering caused by injuries, but it can help to alleviate the financial burden caused by medical expenses and lost wages.