Articles Posted in Birth Injury

David and Celia McCraw have reached an $11 million medical malpractice lawsuit settlement with Tripler Army Medical Center in their medical malpractice lawsuit against two doctors and the hospital reports KITV.com.

The McCraw’s daughter, Kayla Mae, suffered a serious brain injury at birth resulting in in cerebral palsy and she requires full-time medical care. The settlement monies will go into a fund to provide for Kayla for the rest of her life.

The McCraw’s physicians made several medical blunders during Celia’s labor and delivery and they compounded that mistake after the birth of Kayla. During the birth,miscommunication between the resident physician and her supervisor let Celia labor instead of speeding up her delivery.

Once Kayla was born, a first-year intern incorrectly inserted an oxygen tube so that oxygen was pumped into the infants stomach rather than to her lungs. This mistake was not caught for 40 minutes.

In settling the case, Triper Army Medical Center said:

The circumstances surrounding the November 2005 birth of Kayla McCraw at Tripler Army Medical Center were an unfortunate tragedy. Tripler accepts full responsibility for the outcome, resulting in its decision to support settlement of the lawsuit brought by Kayla and her family. Tripler is especially gratified in knowing that the settlement monies will ensure that Kayla will receive the medical care, assistance and rehabilitation that she needs for the rest of her life.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. Our law firm represents the victims of medical malpractice including the parents of children with birth injuries. Birth injury malpractice can result in extreme injuries and while no financial compensation can ameliorate the pain of a child with birth injuries, compensation such as in this case, can make sure the child’s medical and educational needs are met.

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An Illinois family has agreed to a $9.5M medical malpractice settlement after mediation with an Illinois hospital, nurse midwife and the nurse’s employer after she claimed that her son’s birth injury, resulting in cerebral palsy, was caused by negligence.

Helen O’Came filed a cerebral palsy lawsuit claiming her son was deprived of oxygen during the birth process which caused a brain injury. According to O’Came’s lawsuit, the nurse midwife, Mary Traub, was required to have a sponsoring physician on call but her sponsoring physician, Dr. Han, was away in Korea and Traub did not call another physician in to the case.

Patrick, who is now 14, has a permanent disability which requires lifetime care. In the settlement, the hospital has greed to pay $7.5 million and Dr. Han and Traum will each pay $1 million as part of the settlement.

The King County Medical Examiner (ME) released its annual report on deaths in the county in 2008. The leading cause of non-traffic accidental deaths were falls, primarily in the elderly. The second largest cause of accidental deaths in this category was accidental overdoses of drugs and/or poisons. Highlights of the report are below, or click here to read the full report.

Of the 739 non-traffic accidental deaths, 18% of the accidents occurred outside of King County but the injured person was taken to medical facilities, usually Harborview Medical Center in Seattle, for treatment.

Falls

The ME reported that there were 739 non-traffic accidental deaths in 2008 and that 44% of these deaths were attributed to falls. Approximately 81% of people whose deaths were attributed to falls were 70 years old or over and many of these falls were ground-level falls which resulted in fractures and complications including pneumonia.

Medical malpractice victims and their families traveled to Washington DC this week to pressure Congress not to take away their rights as work is being done on a national health-care bill. The victims — many of them seriously injured by medical negligence — are asking Congress not to limit their ability to redress wrongs that have been done to them.

An article on the Common Dreams.org web-site told about the families from nine states, including victims of catastrophic injury due to medical malpractice, who met with lawmakers. Congress has been attempting to reduce malpractice awards of patients in an effort to reduce health care costs. Says David Arkush, director of Public Citizen’s Congress Watch division, “Congress should work on curing this epidemic [medical malpractice and negligence], not compounding the damage by shielding bad doctors and limiting the rights of victims.”

Every year 98,000 people die of medical errors. Obstetrics and birth injury malpractice can be some of the most noteworthy because the damages last a life time. Parents who have severely damaged or injured child due to negligence during child birth may have a life time of educational and medical expenses and putting caps on awards can severely limit the care a family obtains for their child.

A Maryland jury awarded parents of a newborn son who died two days after birth $1.85 million in a wrongful death lawsuit after deliberating just three hours.

The medical malpractice jury awarded Sandra and John Ketterman, Benjamin Ketterman’s parents, $752,000 in damages for medical bills, funeral bill sand loss of services; $100,000 for the infant’s conscious pain and suffering; and $500,000 to each parent for “mental anguish” reports The Frederick News-Post.

The jury decided that the Benjamin died because of their obstetrician’s –Dr. Leonard Bienkowski — decision to use a vacuum extractor during delivery. Benjamin’s head was wedged in the birth canal, a condition called cephalopelvic disproportion (CPD) which is when the pelvis is inadequate to allow the baby to go through the birth control.

Beacon News on-line reports that the family of Roberto Morales, Jr. has been awarded $6.5 million in a medical malpractice lawsuit. The settlement is a result of a brain injury that Roberto received during his delivery at Provena Mercy Medical Center. The lawsuit claimed that Roberto’s cerebral palsy was as a result of reduced oxygen flow due to the administration of the drug Pitocin during labor and childbirth..

The Medical Malpractice Settlement was made in Cook County Circuit Court.

Negligence during child birth can result in very severe injuries. While medical malpractice awards can seem very large in these cases, they are necessary to support a family with enormous educational and medical expenses caused by a child’s injury. In this case the child has cerebral palsy with very limited mobility.

In a birth injury lawsuit, the Birth Injury Malpractice Lawyer brings together the resources that provides for the child’s future care. Some children with birth injuries will need for special care their entire life especially if they have been born with a traumatic brain injury or cerebral palsy caused by hypoxia. In planning for a child’s future, the attorney brings together people with expertise and these may include a physician, therapist, nurse and economist to plan and estimate a child’s future needs including:

  • Educational expenses
  • Therapy expenses including occupational, speech and physical
  • Medical expenses
  • Care giver expenses
  • Adaptive equipment needed for the home or automobile
  • Home remodel expenses to modify the home for a child that might be in a wheel chair

Once a child’s future needs are assessed and quantified, the attorney can factor this into the malpractice settlement when asking the court for an award.