Parents Settle Medical Malpractice Lawsuit Where Child Suffers Brain Injury At Birth
The Bayonne Medical Center (New Jersey) settled a medical malpractice case with the family of a severely brain-damaged son for $8.5 million.
The mother, Emily Ordonez, was 32 years old when she went into labor on August 14, 2005. Ms. Ordonez went to the hospital at 1:30 am, when she first experienced labor pains. The prenatal tests indicated a healthy baby and pregnancy. However, at 9:32 am, the heart monitor indicated that the baby’s heart rate dropped from 140 beats/minute to only 60 beats/minute.
The delivery room nurses waited half an hour before calling the attending obstetrician, who arrived 22 minutes later. Then, the doctor waited until 10:55 am to start the emergency cesarean section, despite the baby’s low heart rate. The reason for the low heart rate was that the umbilical cord was compressed, which resulted in the baby not receiving adequate oxygen. (See Child Injury Laws - “The Needs of Children with Cerebral Palsy Need Special Consideration for Their Optimal Functioning”)
As a result of the delayed actions by the nursing staff and the doctor, the baby suffered permanent brain damage. The child, José Ordonez, is now five years old and requires full-time care because of his brain injury. José cannot see, walk, hold his head up on his own, and is prone to seizures. While the settlement will not do anything to reverse the injury that the boy and his family suffered, it will provide $6 million for future medical care and needs and $2.5 million for the family’s emotional pain and suffering.
José’s parents provide him with 24-hour care and also take him to Concordia Learning Center at St. Joseph’s School for the Blind. The school has helped the boy improve his cognition and recognition capabilities. In cases of cerebral palsy, early diagnosis and treatment of the condition can help improve the child’s capabilities.
If your child suffered a birth injury because the doctor or nursing staff committed medical malpractice, you may be entitled to compensation. (See Child Injury Laws “Birth Injuries”) Medical negligence cases such as these, involving severe and permanent brain injury, can cause a serious emotional and financial burden. If you want to discuss your case, please give us a call for free legal consultation at (888) 424-5757.
Thanks to Heather Keil, J.D. for her work on this Child Injury Laws entry.
Resources:
New Jersey Local News: Bayonne family accepts $8.5 million to settle medical malpractice suit over boy’s brain damage during birth
Child Injury Laws: The Needs of Children with Cerebral Palsy Need Special Consideration for Their Optimal Functioning
Child Injury Laws: Birth Injuries
Medicine Net: Childbirth Complications
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