According to the Oregonian, the parents of a child who was deprived of oxygen for 15 minutes after his botched water birth have settled a lawsuit against their medical provider for $13 million. 
The news outlet reported the parents settled their birth injury lawsuit with Legacy Emanuel Medical Center, resulting in the largest payout in at least a decade for a birth malpractice case in the state.
The child, now 4, is nonverbal and cannot walk. He uses a cart to get around. He was diagnosed with cerebral palsy, which severely limits his motor skills. The parents involved in the lawsuit could not comment on the case with the media, citing a confidentiality agreement, but the Oregonian reported that the case was dismissed in March following the settlement.
Court documents indicate that the parents went to the medical center, planning to give birth to the child underwater, with representatives saying the mother was an ideal candidate for a water birth. Attorneys said that the parents were told by staffers that water births were “even more safe” than other forms of birthing.
The lawsuit indicated that during the child’s birth, his mother was in a tub of water and was not watched properly by midwives, with his fetal heart rate going unmonitored. The child was eventually delivered vaginally, but his brain suffered due to a lack of oxygen and blood during the process, with the parents arguing that it could have been avoided if a C-section was performed.
According to the Oregonian, the lawsuit said that some medical experts have warned practitioners about concerns with water births. The news source reported that the parents “were told that midwives would consult obstetricians during the water birth, but that didn’t happen.”
My Child Has Cerebral Palsy. Can I Have His or Her Birth Investigated?
As this case allegedly shows, issues with delays during the birthing process can lead to a child suffering brain injuries. This can include cerebral palsy. Delays, like the failure to order a C-Section in a timely fashion, are often avoidable, if medical officials provide proper care.
If your child has suffered any type of complication during delivery, including cerebral palsy, shoulder dystocia or Erb’s palsy, you should contact our attorneys immediately. Our birth injury law firm can review your medical records and look for potential errors—you may be able to hold your healthcare providers liable.
If you have further questions, you can contact us by calling the number located on this page or by filling out a request form.
Cappolino Dodd Krebs LLP – Birth Injury Attorneys
http://www.oregonlive.com/portland/index.ssf/2016/05/legacy_emanuel_settles_botched.html
