Delay in Delivery Resulting in Birth Injuries

Filed under Birth Injury, Cerebral Palsy

The Samber Case

In this case, we represented a minor and her parents for injuries that the child sustained during her birthing process.

At 34-weeks pregnant, Mrs. Samber presented to the Hospital with complaints of uterine contractions. After she was admitted and began her labor process, the fetal monitor showed signs that the fetus was in distress. These ominous patterns were ignored by the attending obstetrical doctors and allowed to continue despite the non-reassuring monitor strips. Ultimately, after a long delay, the baby was delivered with the use of a vacuum assisted extractor device.

Two weeks post-delivery, the baby was noted to suffer from a left cerebral vascular accident (“CVA”). A CVA is a general term used to describe virtually any disturbance in cerebral circulation that results in ischemia and anoxia.

A few months post-delivery, the infant was diagnosed with a new onset of seizure disorders that required anticonvulsant medication. Later, she was also diagnosed with infantile spasms, which required pharmacological treatment for a period of time.

Shortly thereafter, the child was diagnosed with cerebral palsy, seizure disorder, and related neurological deficits. These are all injuries that are permanent in nature and will require care and therapies for the rest of her life.

When the child was two-years old, we brought suit against the Hospital and the obstetrician who performed the delivery. This lawsuit was based on the Defendants’ departures from the standard of care which caused the child’s injuries. (It should be noted that the typical two-year statute of limitations did not preclude us from filing this lawsuit two-years after the incident; when the victim is a minor, the two-year statute of limitations does not begin to run until the age of eighteen).

Our experts opined that the delay in delivering the baby, despite the warning signs of fetal distress, caused the child’s injuries. They further opined that the use of the vacuum assisted extractor device, on a premature baby in an occiput posterior position, was also negligent and further contributed to the injuries.

After years of extensive discovery, numerous depositions, retaining and securing reports from nationally recognized expert witnesses, and conducting exhaustive medical and legal research, the case settled on the eve of trial for a 7-figure amount.

The settlement proceeds were used to establish a Special Needs Trust. This Trust will be used to assist the child with her lifetime housing, education, and special health needs, and to replace her lifetime wage loss caused by her injuries.

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Publisher: Harry S. Cohen and Associates, P.C.