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Articles Posted in Birth Injury

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$4 Million Jury Verdict for Mother’s Postpartum Hemorrhage

Maria Gabriel-Gelin, 35, was admitted to a hospital to deliver her fourth baby by Cesarean section. During labor and delivery, the treating obstetrician noted that she had an atonic uterus and a hole in her small bowel, which needed to be surgically repaired. She also suffered from anemia. She lost…

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U.S. Court of Appeals Affirms Summary Judgment for United States in Medical Malpractice Lawsuit Under the Federal Tort Claims Act

John Lipsey filed a lawsuit on behalf of his minor daughter, J.L., for injuries suffered by her at birth. The United States federal district court judge granted summary judgment in favor of the defendants who were sued for medical negligence under the Federal Tort Claims Act (FTCA). On June 8,…

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Appellate Court Finds That Failure to Transfer Venue Was Not Prejudicial in Affirming $38 Million Jury Verdict

Abbott Laboratories Inc. appealed the Circuit Court of the City of St. Louis’s judgment on the jury’s verdict in the total amount of $38 million to Maddison Schmidt for her personal injury lawsuit. Of that total amount, $15 million was for compensatory damages; $23 million was for punitive damages. Abbott…

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Early Induction of Labor Causes Hypoxic Ischemic Encephalopathy of Newborn Baby – $2.5 Million Settlement

Elien Lorenzo received prenatal care from Dr. Nelson Alvarez-Reyes, M.D., an obstetrician employed by the federally funded clinic. During her prenatal care, she received several ultrasounds at this clinic. One of the ultrasound reports estimated a delivery date based on her last menstrual period. The calculation of the delivery date…

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$375,000 Settlement for Mishandled Shoulder Dystocia

In this case, it was alleged by the mother of a baby, now 3 years old, that the child’s shoulder dystocia occurred during labor and delivery, which caused an unnecessary and avoidable injury to her child. According to the lawsuit brought on behalf of Baby Doe, the obstetrician allegedly applied…

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$7.86 Million Jury Verdict for Hypoxic Brain Injury to Newborn

Vashti Daisley went to a hospital complaining of a lack of fetal movement during the late stages of her pregnancy. Dr. Donna Kasello, an obstetrician, performed a biophysical profile, which resulted in a score of two. Dr. Kasello consulted a maternal-fetal medicine specialist, Dr. Kimberly Heller, and the patient later…

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$46.5 Million Jury Verdict for Failure to Diagnose, Treat Jaundice of Newborn

Kara Smalls was delivered by way of a Cesarean section surgery at Ouachita County Medical Center. Two hours after her birth, Kara’s bilirubin level was 5.5, which is an indication of high risk of hyperbilirubinemia. Hyperbilirubinemia is a condition in a newborn in which there is too much bilirubin in…

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State Appellate Court Affirms the Exclusion of Maternal-Fetal Medicine Expert Because Expert’s Theory Was Not Reliably Tested and Not Generally Accepted in the Scientific Community

T’Miaya Smith’s son, J.H., began having seizures after his birth. A CT scan revealed ischemic injuries to his brain. Ischemic injuries result from the lack of blood flow to the brain causing brain damage. Smith, on behalf of her son, filed a lawsuit against Lauren Braswell, a midwife who provided…

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$290,000 Settlement for Brachial Plexus Injury Caused by Excessive Force During Labor and Delivery

Wendy Castro developed gestational diabetes during her pregnancy. She underwent an induction of labor at a federally supported health care facility. The attending certified nurse midwife Barbara Carroll encountered shoulder dystocia during the delivery and allegedly responded by applying suprapubic pressure. A shoulder dystocia is an event during labor and…

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Illinois Appellate Court Affirms Trial Court’s Order for Hospital to Produce Documents Not Protected by the Medical Studies Act

The defendant, Edward Hospital, claimed that certain of its internal documents were confidential and that the Circuit Court of DuPage County, Ill., should not have ordered it to produce them during the discovery in a lawsuit for a medical malpractice and wrongful death. Edward Hospital insisted that the Medical Studies…

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