Lawsuit Results In $31,000,000 Recovery For Injuries Sustained By Child

In case an expectant mother who has earlier delivered via a C-section gives birth

to her new child by a vaginal deliver there is a heightened risk that she will experience a ruptured uterus during labor. In these cases the unborn baby's much needed oxygen , which is generally obtained through the placenta, can be cut off. Based on the extent and the length of time concerned the newborn can suffer a brain injury which manifests with serious cognitive and neurological problems. It is thus essential when scheduling a vaginal delivery for a woman with a previous C-section (known as a VBAC) to take this possibility into consideration.

Consider a recently documented lawsuit regarding an expectant mother who was admitted to the hospital for a planned vaginal delivery of her baby. She had a C-section in a previous pregnancy. Yet, the nurse applied a drug commonly employed to induce labor. The use of this medication needs to be carefully followed as it can lead to hyperstimulation of the uterus and turn into a serious complication especially at greater dosages. The nurse did not tell the attending doctor that the expectant mother developed an unusual pattern of contraction. Rather, as the contractions escalated to obviously unsafe levels, she kept administering more of the drug.

The baby was deprived of essential oxygen for a period of roughly 18-20 minutes from what turned out to be a uterine rupture. The baby was in fetal distress while in this period - a situation that can be tracked by a machine which monitors the unborn baby's heart rate. He has severe cerebral palsy. He is unable to walk or to talk. He cannot hold anything in his hands. He is unable to eat on his own and requires a feeding tube. He can, though, recognize members of his family and is alert. But he will require 24/7 life assistance. The law firm that represented the child and his parents was able to report that at trial the jury delivered an award of $31,000,000 with included $26,000,000 to pay for the cost of the child's future medical care.

As the claim discussed above illustrates nurses and hospital staff have a duty to realize when problems occur during a pregnancy. They also need to know and understand the effects and side effects of the medications they administer, and let the physician in charge know of any signs that suggest there is a problem taking place. Whether the result of a deficiency of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the baby. If this occurs the family (both on their own behalf and on behalf of the baby) might be able to bring a claim for malpractice. As this lawsuit likewise illustrates, such claims, due to the type and degree of the injury to the baby, can result in a considerable recovery.

by: Joseph Hernandez

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