$300,000 awarded in 15-year-old birth injury lawsuit

One woman and her daughter were recently awarded $300,000 in a medical malpractice case. According to the suit, the child suffered fetal depression and hypoxia during her birth, which caused her to have permanent loss of hearing. Similar birth injury cases are presented in courts Maryland each year.

When the mother filed her case, she claimed that the defendants, a couple of doctors, were guilty of negligence during her daughter’s birth. She alleges that the doctors delayed in delivering the baby when it was clear that the child was experiencing distress. The victim has had to undergo speech therapy, physical therapy and occupational therapy because of the events that occurred when she was born. She will likely need more care, therapies and surgeries throughout her life.

The complaint was filed in 2002, but the defendants moved for a mistrial three different times. Once the case finally went before a jury, it did not take long for a decision to be reached. The trial only lasted for four days, and jurors deliberated for approximately seven hours. Their decision awarded the mother and daughter $100,000 for emotional distress, $100,000 for pain and suffering, and another $100,000 for loss of a normal life.

When a birth injury causes permanent disabilities, the family of the victim may choose to file a medical malpractice suit on behalf of the child. In such cases, a personal injury attorney can advise the victim or the family as to whether or not their situation constitutes a lawsuit. Anyone in Maryland whose child has suffered birth injuries due to the negligence of a medical professional may have a legitimate case.

Source: madisonrecord.com, “St. Clair County jury awards mother, daughter $300K in 15-year-old medical malpractice case alleging birth injury“, Heather Isringhausen Gvillo, June 13, 2017