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Family whose son suffered serious birth injuries wins appeal

One of the proudest moments in a mother's life is when her child is born. Sadly, not every birth is a joyous occasion, especially when an infant suffers serious birth injuries. There are likely many Delaware families who have experienced this particular heartache first hand.

In 2012, one mother went to her medical facility to give birth to her son. As the woman was in active labor, the obstetrician elected to perform a forceps delivery regardless of the lack of any medical indication of such interventions being required. During the delivery, the doctor allegedly applied unnecessary force, and the newborn's skull was fractured. The baby then experienced bleeding in his brain and permanent damage to his brain tissue. The child will never be able to live a normal life as he is unable to communicate, read or take care of his bodily needs.

A Pennsylvania judge ruled that the doctor in this case failed to follow the standard of care and that the child's injuries were of a catastrophic nature. The family was awarded approximately $41.6 million in order to provide for his ongoing needs over the course of his lifetime. At the time of the decision, the federal government appealed. The medical facility where the injuries occurred receives federal funding, thus the attempt to prevent a large monetary award.

Recently, the government decided to drop its appeal, and the family will now be able to receive these vital payments. The hospital originally issued a statement expressing its regret over the incident and resolving to prevent further birth injuries caused by negligence. The physician responsible is purportedly still on the staff of Keystone Health. Any Delaware family who has experienced the tragedy of a child suffering serious injuries during birth may also face a lifetime of financial hardship caring for their loved one. A skilled personal injury attorney can provide assistance in ensuring that these families are rightfully compensated for the damages that their child suffered due to negligent health care providers.

Source:, "U.S. government ends appeal of Chambersburg family's $41.6M malpractice suit", Amber South, Feb. 2, 2018

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