Birth Injury | Cancer | Other Medical Malpractice | General Negligence

Medical Malpractice Birth Injury Case Profiles

Case Profile:
Twenty-eight year old woman pregnant for the second time, carried beyond her due date. Her doctor recommended admission to the hospital for induction of labor with a substance called prostaglandin gel. This is a synthetic form of a naturally occurring hormone that helps dilate the cervix. It is also used to induce abortions. Dosages are very important. Too much can lead to overly strong uterine contractions that last too long cutting off oxygen to the baby (tetanic contractions). This young mother was given twice the recommended dosage of prostaglandin gel, which caused these tetanic contractions. A Caesarian section was done within thirty minutes resulting in the baby born severely depressed. The baby went on to develop moderate cerebral palsy. The child can walk with assistance. He is developmentally delayed but integrated into the public schools.

Result: Settlement - 1.9 million dollars.

Case Profile:
Thirty-three year old mother pregnant for the second time went into the hospital in premature labor with 26-week gestational age baby. The baby was born and put in the neonatal intensive care unit. Early on, it was discovered that the baby had a heart condition known as patent ductus arteriosis. This is a duct in the heart that shunts blood around the lungs in a fetus. It is usually closed by the time of full gestational age. It is frequently still open (patent) in premature babies. It may naturally close or close with the help of a drug called indomethacin. If it does not close, surgery must be performed. In this case, a surgeon operated but instead of closing off the duct, closed off the left pulmonary artery. None of the neonatal staff discovered this for two months. By then it was too late to re-operate. The baby's left lung became useless. The baby also went on to develop severe cerebral palsy. She is wheelchair-bound and severely developmentally delayed. Our claim was that the closure of the left pulmonary artery and the failure to discover this for two months significantly contributed to an alteration of cerebral blood flow which in turn contributed to brain damage leading to cerebral palsy. The defense claimed that the baby's brain damage and cerebral palsy was due to the fact of severe prematurity and a severe systemic infection that occurred before the surgery.

Result: Settlement - 1.1 million dollars.

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