Even on Appeal, Birth Injury Lawsuit Award Could Reach $4M

Even on Appeal, Birth Injury Lawsuit Award Could Reach $4M

By John Curran

Michigan has state statutes restricting the amount of money families who file medical malpractice lawsuits can achieve via jury award. Even if that is the case, a woman from Flint and her disabled daughter could see $4 million after a jury found in their favor in a recent birth injury lawsuit.

Doctors at Genesys Regional Medical Center in Michigan reportedly tried to continue childbirth for a woman’s daughter after she had become stuck in the birth canal. Similar to shoulder dystocia where the child’s humerus bone can be broken, the newborn reportedly suffered significant nerve damage during the 2008 delivery. 

According to the woman’s medical malpractice lawsuit, the doctors at the medical center failed to offer or choose to undertake a caesarean section that allegedly would have been less traumatic for the child. To treat her alleged birth injuries, the daughter reportedly needs an arm brace and has undergone numerous medical procedures that have not been completely successful in repairing the damage. According to a Michigan Life report, the birth injury lawsuit noted that even basic tasks are a struggle for the minor plaintiff due to her disability.

The jury originally awarded the family roughly $12 million, but Genesys Regional Medical Center will likely appeal that based on a state statute capping non-economic losses at just over $400,000.

Similar cases regarding birth injuries involve trauma or complications during the delivery process. As an example, shoulder dystocia occurs when the child is at an angle compared to the birth canal. If the umbilical cord becomes kinked, there may be neurological defects due to dystocia or hypoxia because of the cord strangling the fetus.

Families that have dealt with birth injuries may not realize that an obstetrician or other healthcare professional should have acted differently given the conditions the child faced during delivery. If you or someone you know has a child who is dealing with a disability, you may be eligible to pursue damages from the healthcare provider or hospital where the injury occurred. Learn more about your options by getting a no-cost consultation with a medical malpractice lawsuit attorney. One is available at the Medical Malpractice Birth Injury Lawsuit. You will learn what options your family has and whether or not pursuing a legal remedy makes sense given the facts of your potential case. Any successes could help offset the costs of rehabilitation and medical procedures.