Category Archives: Brain Injury
Family Settles $9 Million Cerebral Palsy Lawsuit With Hospital
According to the Associated Press, the family of a Virginia boy who was birthed in a Hawaii military hospital has reached a $9 million settlement with the facility after he was born with cerebral palsy. According to the AP, the settlement was recorded in a federal court in Honolulu on January 27, only needing the approval of the U.S. Department of Justice before being awarded. In a lawsuit, the family of Noah Whitney claims he was born in 2010 at Tripler Army Medical Center with a “catastrophic brain injury” because of negligence on the part of the facility. The family alleged that healthcare providers failed to respond appropriately to signs and symptoms of uterine rupture in Noah’s mother and took too long to perform a cesarean section. According to the AP, “Laura Whitney arrived at the hospital on Sept. 7, 2010 with severe lower abdominal pain at about 35 weeks…
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Jury Selection Begins in North Carolina Birth Injury Case
According to the Burlington Times-News, on January 13, jury selection began in a medical malpractice case stemming from a 2011 birth injury. The lawsuit was filed in September 2011, and the trial is expected to last three weeks. In the suit, the plaintiffs, a mother, father and their 2-year-old son, allege that negligence by a Burlington women’s clinic and obstetrician during the child’s birth resulted in birth injuries, including the boy losing the normal use of some body parts. The complaint states that after the child was born by cesarean section on May 2, 2011, following 18 hours of labor, he “was floppy, had no tone, response or heart rate,” and was diagnosed with “hypoxic-ischemic encephalopathy and birth asphyxia,” which will require him to have special care for the rest of his life. According to the lawsuit, the family is contending that the obstetrician failing to respond correctly to the…
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Texas Family Plans to File Lawsuit After Forceps Allegedly Crush Daughter’s Skull
According to the New York Daily News, a five-day-old baby from Texas died after her skull and spine were allegedly cracked by forceps during her delivery. The baby, Olivia Marie, died after her doctor, George T. Backardjiev, of the Medical Center of Southeast Texas, reportedly refused to perform a cesarean section (C-section) on December 28, 2013. Olivia’s mother, Rachel Melancon, reportedly asked the doctor about performing the procedure prior to the baby’s delivery because of her small size. Rachel is reportedly 4’11”, and had fears that her small frame might complicate a natural birthing process. Backardjiev reportedly told family members that the C-section procedure would leave a scar on her body and cautioned against it. During labor, which lasted 18 hours, Olivia’s heart rate reportedly increased, but her mother was still told to wait before a procedure could take place. Backardjiev reportedly told the Rachel that her baby was facing…
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