$2.9 Million for Child with Severe Cognitive Disability Due to Trauma at Birth and Hypoglycemia
The birth trauma attorneys at ABC Law Centers secured a $1.1 million settlement (total annuity payout: $2.9 million) for a child with severe cognitive disabilities due to traumatic delivery and neonatal hypoglycemia.
The Case: Unsuccessful and Traumatic Vaginal Delivery of a Macrosomic Baby
The mother in this case was 32 years old when she became pregnant; prior to this pregnancy, she had delivered five children, all of whom were under 8 lbs. at birth. She claimed to have full prenatal care; the doctor named could not find her records and stated that he was not her doctor. During her pregnancy, she gained 150 lbs. and weighed more than 350 lbs. when she went into labor at 38 ½ weeks.
Initially, she was examined by a resident, whose files noted that the mother believed she was going to have a C-section. This resident called the on-call OB-GYN, who concluded that – based on her previous 5 deliveries – she would have another normal-sized baby. Based on this, and the fact that it is riskier to perform a C-section on an obese patient, they decided to try a vaginal delivery. Medical records did not show evidence of a fetal weight estimate or ultrasound being performed.
The plaintiff’s labor lasted 14 hours, after which point it was clear that vaginal delivery could not occur. The doctor ordered an emergency C-section within 30 minutes. The neonate weighed 11lbs, 8 oz. and stayed in the hospital for 10 days. He also developed hypoglycemia (low blood sugar), which was common in infants of his size.
The child (who is now an adult) has an IQ of 50, according to school records. For comparison, a normal IQ is 100. It is highly unlikely that this individual will work or live independently. Genetic testing has thus far been normal.
The Result: Cognitive Deficits Due to Birth Trauma and Hypoglycemia
Our firm argued that the cognitive deficits in the child were caused by birth trauma and the hypoglycemia he suffered after birth. The hospital stated that if a birth injury is caused by trauma or hypoglycemia, cerebral palsy would be present as well. Given that the child does not have cerebral palsy, the hospital concluded that the cause of the deficits must be genetic. A hospital expert evaluated the child and stated that they believed the cognitive deficits of the child were mild, and that the individual was a “malingerer.”[KP1]
Initial evaluation placed the case valued at $500,000. Reiter and Walsh secured $1 million in compensatory damages for this case.
Reiter & Walsh: Neonatal Brain Injury Attorneys
Reiter & Walsh, PC has helped dozens of families affected by birth injuries of all types. Attorney Jesse Reiter, president of ABC Law Centers, has been focusing solely on birth injury cases since he was admitted to practice law in 1987. Our partners, Jesse Reiter and Rebecca Walsh, are recognized as two of the best medical malpractice lawyers in the U.S. by U.S. News and World Report. Our firm is built on a foundation of solid medical knowledge and legal practice, providing guidance to families navigating the complexities of difficult cases involving pregnancy, birth injury, and hypoxic ischemic encephalopathy (HIE).
Our firm has helped numerous families and parents nationwide obtain financial compensation to ensure their children will obtain the care, therapy and treatment they need to have a secure future. Our attorneys provide compassionate legal advice to each family and child we represent. Our storied history of results has made us a firm with numerous multi-million dollar verdicts and settlements.
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