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A New Jersey medical center recently agreed to pay $2.75 million to resolve claims that negligence lead to the brain injury of a newborn.
According to the lawsuit, Jersey Shore Medical Center admitted plaintiff Cassie H. in June 2015 when she was 27 weeks pregnant, according to a New Jersey Law Journal article. The woman allegedly came to the hospital after suffering from bleeding.
Due to fetal distress, a labor complication where the unborn child doesn’t receive enough oxygen, the doctors opted to induce labor.
The labor was not easy. After being delivered breech — feet first instead of head first — newborn baby Gabriel allegedly suffered from labored breathing and an abnormal heart rate. After labor, the baby even had to be resuscitated.
This difficult birth caused long-term complications for Gabriel, the New Jersey Law Journal reported.
According to the birth injury lawsuit, the child suffers from permanent disabilities, developmental deficiencies, epilepsy, and a buildup of fluid in the brain known as hydrocephalus. Gabriel allegedly had to spend 11 weeks in the neonatal intensive care unit for a brain injury and needed a procedure to place a shunt that drains excess fluid from the brain.
The birth injury lawsuit named two doctors and the medical center, the article said, accusing the defendants of negligence.
According to the parents, the doctors should have relied on a full ultrasound from the radiology department as opposed to less reliable portable ultrasound devices. The lawsuit also alleges the baby should have been delivered by Cesarean section rather than through traditional delivery.
The lawsuit alleged the negligence by the two doctors and the New Jersey medical center caused the baby physical and emotional injuries.
Counsel for the doctors and medical center argued the doctors did not deviate from the standard of care and that the injuries sustained by Gabriel could be attributed to his premature birth.
However, despite these arguments, the parties agreed to settle the case for $2.75 million. The birth injury lawsuit settlement includes $2.15 million for baby Gabriel and $300,000 for each of his parents.
Although the birth injury settlement cannot undo the damage done to the family, this compensation can help Gabriel’s parents pay for his ongoing care.
Birth injuries like Gabriel’s can happen to anyone.
During birth, a number of problems can arise that physically harm a baby, either through tissue damage or lack of oxygen. These injuries can lead to lifelong consequences such as developmental deficiencies, physical disabilities, and more.
If your child suffered from birth injuries, you may be able to take legal action.
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