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When parents are awaiting the arrival of a baby most likely assume that unless tests performed during the pregnancy indicate otherwise, the baby will be healthy. There is good reason for thinking this way as in most cases this is the case. Sadly, on some occasions things do happen during the child’s birth that result in that child suffering a permanent injury. This happened to a woman who resides in another state.

When the child was born over five years ago, his mother said she immediately knew something was wrong with the baby. In addition to not crying which newborn babies are prone to do, he also refused to take a bottle and was not moving around. She was right, and shortly after the induced birth the baby was transported to another hospital. There her son was diagnosed with severe brain damage that occurred during his delivery. His mother was also told he would probably develop cerebral palsy, which he did.

The boy’s mother filed a lawsuit regarding the birth injury against the federal government. In it she claimed that the doctors failed to perform a Caesarean section when her contractions became over stimulated as a result of the medication used to induce the delivery. This in turn resulted in the brain damage. Because her son was born at a hospital on an Air Force base, naming the federal government as a defendant was the appropriate approach.

Recently, a judge ruled that the medical center where the boy was born was negligent in the way his delivery was handled. Accordingly, an award of $6.5 million was ordered. The boy’s mother said she feels a sense of relief knowing that there is now money to pay for his care in the long-term. This is a reason that many individuals decide to file medical malpractice lawsuits. Though often complicated, many, such as the mother in this case, ultimately find it worthwhile.


Source: Killeen Daily Herald, “Judge: Darnall negligent during birth,” Rose L Thayer, Dec. 5, 2013