According to Seedol, Bayonne Medical Center has agreed to settle a birth injury lawsuit involving a 5 year old boy who suffered a birth injury as a result of a medical negligence. The hospital has agreed to pay the boy’s family $8.5 million after three days of trial. The boy’s birth injury requires life-long medical case and future medical expenses as he is unable to walk or see, and is unable to hold his head up on his own. The child also suffered from seizures and will continue to be in need of medical care due to severe brain damage that occurred during his delivery.
Upon undergoing delivery preparations, everything seemed normal as the baby’s parents awaited his birth. However, according to testimony, around 9AM concerns quickly arose when the heart monitor attached to the mother’s abdomen showed the baby’s heart rate suddenly plunged from 140 beats per minute to 60 beats per minute, suggesting fetal distress. The labor and delivery nurse waited almost half an hour before calling the attending physician according to telephone records submitted to court. The attending obstetrician arrived 22 minutes later but did not perform an emergency c-section until 11AM.
The plaintiffs argued that delaying the emergency c-section caused the boy to be deprived of oxygen and is responsible for brain damage he has suffered.
Many times the development of cerebral palsy and other brain damages can be traced back to a birth injury caused by a medical error or negligence.
