Brain Damaging Delivery Leads to $42 Million Verdict
Every injury caused by another’s negligence is disturbing, but these incidents are even more alarming when they result in injury to an innocent newborn. The award in a lawsuit brought by the family of an injured infant is costing the federal government tens of millions of dollars for physician negligence that left a baby permanently brain damaged. The $42 million verdict was reportedly ordered by a federal judge in Pennsylvania, who found that the federally employed physician unnecessarily utilized forceps during the delivery process. The decision comes only days after another federal court judge ordered the government to pay out $4 million in a separate birth injury matter.
Forceps pose a risk of injury to babies and mothers
The case centers on a delivery that took place at a federally funded hospital, where the physician’s use of forceps was found to have permanently injured the newborn. Forceps are a birthing tool that is sometimes used to assist in guiding the baby through the birthing canal during a difficult delivery. The use of forceps has become a controversial issue in recent years, as claims of related injuries have increased.
As explained by the Mayo Clinic, the use of forceps can place the baby and the mother at risk. For baby, the use of forceps can result in:
- Skull fracture
- Facial injuries due to the pressure of the forceps
- Facial muscle weakness
- Eye trauma
- Seizures
- Bleeding within the skull
- Brain injury
Injury to the mother may include:
- Short-term or long-term incontinence
- Rupture of the uterine wall
- Genital tract tears and wounds
- Pelvic organ prolapse
Infants with traumatic brain injury face long term effects
When a baby is catastrophically injured, calculating the amount of total losses involves numerous factors. The child may never be able to handle everyday tasks without some form of assistance. In addition, the injury may limit the amount of education he/she can receive, as well as employment opportunities upon reaching adulthood.
In the Pennsylvania case, the baby’s brain was damaged so severely that he will have permanent disabilities. The substantial award granted against the federal government took all of these aspects into consideration. The damages were calculated as $9.28 million in future costs for medical care and treatment, which include surgeries and necessary therapies. The remaining amount of $32.3 million was awarded to cover future lost wages that the injured child will never be able to earn.
If your baby was injured during the birthing process, contact the skilled Georgia birth injury lawyers of Harris Lowry Manton LLP. We have the resources and experience to assist your family through this devastating time in your lives. Call us at 404-961-7650 at our Atlanta office, in Savannah at 912-651-9967, or complete our contact form today.
Harris Lowry Manton LLP is a dedicated full-service trial law firm. Our Georgia personal injury lawyers fight for the injured throughout every step of the legal process. We explain how litigation works from the moment you come into one of our offices in Atlanta or Savannah until your case is solved. Our legal team has achieved remarkable success because we leave no stone unturned when investigating our client’ claims and what should have been done to prevent their injuries. We file claims against all responsible parties — not just the most obvious one.
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