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.
The crux of the Ketterman’s lawsuit was that Dr. Bienkowski failed a “reasonable standard of care” in not explaining the risk of delivering the baby using the vacuum extractor. If they had known the risks involved, they said they would have opted for a cesarean section delivery.
Benjamin died of complications two days after his birth. He had bleeding between his skull and scalp.
This information is provided by Washington injury Attorney blog, a service of The Farber Law Group. We represent victims of obstetric and birth injury malpractice. We have experience representing families whose babies have suffered serious injuries during birth including traumatic brain injury, hypoxia and cerebral palsy.