New York parents anticipating the birth of a child are seldom without some anxiety. They may be concerned for the child’s health and well-being and that all will go well during labor and delivery. If the medical staff is negligent in the delivery room, a parent’s worst fears may be recognized. Birth injuries often bring lifelong suffering. In fact, one family recently won a lawsuit that confirmed the importance of using proper techniques during childbirth.
The little girl at the center of the claim is in second grade now. However, since the day of her birth, she has experienced pain and suffering as a result of a traumatic injury. Her parents say that the midwife who delivered her did not provide proper care or follow correct guidelines for delivery, and this resulted in serious injury to the baby and mother. They sued the midwife and her OB-GYN employer.
During delivery, the midwife apparently used too much pressure and resorted to pulling and twisting motions that caused injury to the baby’s shoulder. Because of the improper handling from the midwife, the child suffers from Erb’s palsy, nerve damage, weakness and atrophy in her right arm. As a result, the mother experienced extreme psychological and emotional distress during the delivery; in the lawsuit, her complaints were directed specifically against the midwife.
Like many parents in New York and elsewhere, the family enlisted the help of an attorney to seek compensation for their suffering. When the case went to trial, the jury needed only eight hours to make a decision. They awarded the family $4.2 million dollars, among the largest verdicts for birth injuries in the history of the state. It is likely that the money will help the family pay for the child’s ongoing medical treatment and rehabilitation.
Source: norwichbulletin.com, “Jury awards former Norwich family $4.2 million in birth injury case”, Joe Grogan, Oct. 28, 2016