Most expectant parents in New York have no reason to believe their children won't be born healthy. Families move on to enjoy all the ups and downs of parenting as little ones grow and thrive. However, for a few moms and dads, a birth injury changes everything.

Cerebral palsy can befall an infant from a natural cause not related to any type of medical mistake. On the other hand, when labor and delivery process negligence results in a baby becoming oxygen-deprived, those responsible for the resulting brain damage can be held liable.

A lawsuit charging that military hospital staff didn't properly diagnose a woman's uterine rupture was filed by the parents of a child born in 2010. A brain injury during birth left the boy with cerebral palsy. The suit claims the doctors and nurses missed the signs of the rupture. Allegedly, the delay in performing a cesarean section to birth the baby was a direct cause of the irreversible damage to his brain. It further states the staff overseeing the expectant mother should have known of the risk because of her previous complications and miscarriages.

Plaintiffs reached a tentative settlement with the U.S. government for $9 million. Reportedly, the settlement is comprised of a $5 million lump sum payment and the additional monies will be paid in increments designed to provide the life-long 24-hour medical care he will require.

There isn't an amount of money that can make up for the illness or disability of a child. In this case, proper medical care could have prevented a devastating result. The overwhelming care and support needs of the child and his family should be borne by those responsible. Victims of medical malpractice are entitled to compensation. Evaluating the circumstances and gaining an understanding of what remedies are available can provide the best future security possible.

Source: Insurance Journal, "$9M Settlement For Boy’s Cerebral Palsy from Hawaii Hospital" No author given, Jan. 30, 2014


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