A mother has blamed her son’s brain damage at birth on the hospital at which she gave birth. She claims her now twelve-year-old won’t be able to ever drive a car, go to college or sustain a decent corporate job due to a brain injury sustained while he was given birth in October 2005.

According to an article in the Colorado Springs Independent, her son suffered brain damage at birth at Memorial Hospital. His parents also filed allegations against the hospital and physician, three years ago.

The birth injury lawsuit has reached a settlement with the city, which owns the hospital. The city has declined to provide any relevant details about the settlement.

A jury has also issued a $4 million award to the family after finding the doctor was negligent.

The parent’s attorney says that the award falls short of the amount that would sustain Alex throughout his life. He states that the amount could be limited, as well, by state laws that limit damage awards for medical malpractice. The attorney notes that “[i]f that same doctor had run into Alex at an intersection in his car, Alex wouldn’t have that limitation.”

The Colorado Springs Independent states that according to court documents, Pamela R., Alex’s mother, had first been admitted to Memorial Hospital on Oct. 4, 2005. She was admitted so that doctors could attempt to induce labor. This happened while her husband, Francis, was on military leave.

The brain damage at birth lawsuit contends the doctor should have known that Pamela would not be able to deliver the baby with her small pelvis. And according to the article, “he failed to suggest or offer cesarean section” or any other alternative.

According to the article, moreover, she tried to push for the baby for two and a half hours, but the baby failed to descend into the birth canal.

The hospital staff was also accused of wrongly using a drug to induce labor. The drug, which was given to Pamela in increased dosage over a 12-hour period, allegedly exceeded the dosage requirements maintained by the hospital.

Biano then attempted to perform vaginal delivery using a vacuum extraction. However, according to the article’s report of the brain damage at birth lawsuit, “the fetal position was unclear or unknown,” and the mother’s pelvis was too small to deliver the baby.

According to the article, moreover, the doctor failed to obtain informed consent from the mother. As vacuum extraction is a procedure in which a “healthcare provider applies a soft or rigid cup with a handle and a vacuum pump to the baby’s head to help guide the infant out of the birth canal,” the mother says that had she known of the serious risks involved for both the mother and baby should never would have agreed to it.

The complaint says Alex suffered “severe scalp abrasions and bruising on his skull.” He was also, “noted to be floppy, quiet and unresponsive.”