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$11.35 million awarded for birth injuries 16 years after delivery

Childbirth is a unique and wonderful experience. Unfortunately, unexpected birth injuries can hinder the experience, often resulting in expensive care, a decrease in the quality of life and sometimes even death. Delaware parents may be interested in a medical malpractice lawsuit in another state in which a jury recently awarded two parents a verdict of $11.35 million. 

One would think that birth injuries would be evident immediately following delivery, but according to the parents who filed the lawsuit, it is not always the case. Their son was delivered 16 years earlier in what they considered to be a difficult delivery. Per the records, experts believed the vaginal delivery warranted a cesarian section, yet the doctor did not perform one. Instead, she used forceps and a vacuum device to assist in the delivery.

After their son was born, pictures showed evidence of bruising following his birth, and he was required to be treated in the neonatal intensive care unit. The parents reported their son appeared to initially develop normally, but later showed evidence that he was different than the other kids. During an exploration of an autism diagnosis, an MRI scan revealed a brain injury corresponding to the same side of his head that a bruise appeared in pictures following his birth. The trial lasted two weeks with a favorable verdict for the parents.

The parents expressed relief for the awarded compensation. They have not only experienced significant medical care costs since his birth, but they anticipate more costs as he ages and requires more care. In addition, the boy's parents do not expect him to be able to earn much income. Delaware parents who suspect their child's birth injuries could have been prevented may find hope after speaking to a medical malpractice attorney about their case and possible options for legal recourse.

Source:, "Summit jury awards $11.35 million in lawsuit involving Massillon boy with brain injury", Stephanie Warsmith, Feb. 16. 2018

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