Birth Injury Cases

Birth Injury Resolved for Maximum Amount

Our client is an adorable 8-year-old girl with an engaging smile, but she is crippled by cerebral palsy and spastic quadraplegia, because her brain was damaged at birth. We filed suit against the doctor and the hospital who delayed delivering her by ceaserean section even though she was in severe distress. The case was filed in Indiana, where there are caps on damages for medical malpractice. We were able to settle the case with the doctor and the hospital for the maximum amount, which at that time was $1,250,000.

The problem was that our client relied on Medicaid to provide her with much-needed medical care and therapy. If she simply took the money, Medicaid would cut her off. So we had to find a way that she could benefit from the settlement, yet not lose her Medicaid benefits. The solution we found was a "special needs trust." Instead of her getting the money directly, it was paid to the trust department of a bank, which holds it in trust for her. As long as the money is spent for necessities other than those that Medicaid would pay for, it does not affect her benefits.

Through the mechanism of the trust, our client has been able to purchase a new house that is accessible to her wheelchair. She has been able to purchase a van with a wheelchair lift, so that she can be transported between her mother, who lives in Kentucky, and her father, who lives in Indiana. She has been able to buy a swing set that she can use, a bicycle that she can ride, and a computer that she can talk with. One of the attorneys at Becker Law Office serves on the advisory committee of the trust, so that we can remain involved in our client's life. Nothing is more rewarding than seeing her beautiful smile and knowing that we have helped in a small way to make her life a little better.

$500,000 Settlement in birth trauma case

Recently, The Becker Law Office was able to, just prior to trial, negotiate a $500,000 settlement for a child who suffered a severe birth injury. The child's brachial plexus nerve (a major nerve group going from the spinal cord to the arm) was torn due to excessive force applied to his head and neck when his shoulder became stuck in the birth canal. The 8 pound, 8 ounce, baby became stuck because the doctor, an obstetrician, attempted a mid-pelvic delivery (the baby had not dropped into the lower portion of the birth canal) using a vacuum extractor on the baby's head. This caused him to enter the lower part of the birth canal much too fast, and did not allow his head and shoulders to rotate into a normal position. This caused his shoulder to become stuck.

This condition is called shoulder dystocia and requires a series of emergency maneuvers to dislodge the shoulder so the baby can be delivered safely. The Doctor failed to do these maneuvers correctly, rather he applied excessive traction to the head and shoulders, resulting in the severe injury to the nerve. As a result of the injury, the child is unable to use his left arm and hand. He has been forced to undergo a number of surgeries to restore some function to his arm and to prevent further problems with the arm and hand.

The Doctor should have recognized that the mother's pelvis was too small to deliver the baby and should have done a C-section, especially when fetal distress was noted on the monitor. Had a C-section been done, the severe injury could have been prevented.

The confidential settlement, obtained in a very conservative Central Kentucky county where verdicts against doctors are rare, will allow the child to have money for his future needs, including his education.

Baby Doctor Fails to Attend to First Time Mother

A scared 18 year old has labor pains and goes to the hospital. Her doctor initially was carefully monitoring the progress of the labor. Later the doctor leaves to watch a college basketball game on television and complications arise. By the time the doctor returns, emergency surgery is necessary. The baby is unable to survive the delivery. To add insult to tragic injury, the doctor drops the baby severing the umbilical cord. The frightened young girl turns to the Becker Law Office for help.

We filed suit against the doctor and gathered the evidence to prove his serious negligence. A large cash award and lifetime income benefits were recovered.

If you or a loved one has been injured as a result of birth injuries, please contact the Becker Law Office at 1-888-4BECKER for a free consultation, or send us an E-mail from our “Contact Us” page. We can help, and we want to help.