Nala Myers is three years old. She cannot walk or talk. She needs a feeding tube to eat. She will require assistance for the rest of her life.
She had a difficult birth. When she was born, her heart was beating, but she was not breathing. A lawsuit filed by Tierra Myers, Nala’s mother, says that the hospital acted negligently in the critical five minutes following her birth, ultimately causing a brain injury.
Most hospitals record an Apgar score one minute and five minutes after delivery. Apgar scores monitor breath, heart rate, muscle tone, response to stimulation and appearance. In this case, the lawsuit claims that whoever performed the one-minute Apgar score fudged the numbers to make Nala’s condition seem healthier than it was. As a result, response teams did not arrive to resuscitate the baby until it was too late.
The jury deliberated for 15 hours before ultimately siding with the Myers family, ordering the hospital to pay $8.5 million in damages. A hospital spokesperson says that the hospital was not completely responsible and is considering an appeal.
“Our sympathy goes out to the family,” spokesperson Shannon Mortland said. “However, there were complex issues associated with this case, and we feel we acted appropriately.”
When a physician makes a mistake like this, it can have lifelong consequences. If complications during birth led to your child’s condition, talk to us. Parents should not have to pay for someone else’s mistake; you could have options to seek justice against medical negligence. Contact us today to schedule a free consultation at 1-800-460-0606, or visit our site to learn more about baby brain injuries.
Cappolino Dodd Krebs LLP – birth trauma lawyers
