A skilled Massachusetts birth injury attorney reports on a recent birth injury lawsuit where the family was awarded $5.5 million for their daughters injuries during birth.
There are few things that are more heartbreaking for parents than a birth injury, especially when it could have been prevented.
As a Massachusetts birth injury attorney I know from experience that many birth injuries are due to someone else’s negligence.
The parents and child are left to suffer due to the doctors mistake.
Massachusetts Birth Injury Attorney | Recent Birth Injury Lawsuit
In recent news, an Iowa family has finally gotten the compensation that they deserve for their daughters’ birth injury.
Nyasia was born in 2007 and had a shoulder dystocia during her delivery. She now has very limited mobility in her right arm and the doctors say she will likely have problems with her should and arm for her lifetime.
The Malpractice Litigation
Nyasia’s parents, Jaime and Ingrid Gerling, claim that the doctors as well as the hospital could have done more to stop her birth injury from occurring. When Nyasia was being born, her should got stuck against a bone structure in her mother’s birth canal, like a pelvic bone.
This caused the baby’s nerves to be impacted in her brachial plexus ( a group of nerve endings that start a the spine and run to the shoulder, arm, and hand). The nerves were so impacted that the baby was left with no mobility in her arm.
She has had surgeries since that have given her slight mobility n her arm and it is almost certain that there will be more surgeries in the future that could provide more mobility. But this is besides the point, Nyasia will always have issues with her shoulder and arm for her entire life.
Massachusetts Birth Injury Attorney | The Defendants
The defendants were two doctors and the Great River Women’s health center in Burlington, Iowa. They were unwilling to settle and the case went to a jury.
After deliberation, the jury awarded Nyasia $5 million for her pain and suffering and loss of function. Her parents were awarded $500,000 for past and future loss of consortium, making the total award $5.5 million.
It is unknown whether the defendants will decide to appeal the verdict. The plaintiffs went through a two-week trial and had the assistance of a birth injury law firm. The jury deliberated over the case for 9 hours before reaching a decision.
$5.5 Million For The Plaintiffs
A shoulder dystocia is considered to be an obstetrical emergency. The doctors could have prevented what ended up being a life-long injury for Nyasia.
The malpractice litigation claims that the doctors breached the standard care for obstetrician and were negligent. Nyasia has had two surgeries that cost the family $74,000. There will certainly be more surgeries required in the future.
Have You Suffered With A Birth Injury?
By definition, a birth injury is the damage that an infant suffers from during the process of labor and delivery.
Birth statistics say there are about 27 birth injuries in every 1,000 births.
When there is a lack of judgment or care during childcare and the baby is harmed, the health care professional may be found liable for medical malpractice.
Given the complexity and emotional level of birth injury cases, it is vital to contact a Massachusetts birth injury attorney, especially if you feel the injuries could have been prevented.
