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Birth injuries: Lawsuit settled for over $11 million

Giving birth is an incredibly fragile process, and parents in Delaware trust that medical providers will provide the appropriate care throughout this process. During this delicate time, any mistake or deviation from the accepted standard of care can result in birth injuries. A lawsuit filed in another state alleged that the negligence of doctors during birth resulted in a baby boy suffering permanent and severe brain damage.

According to the lawsuit, the mother visited the hospital experiencing contractions and was later admitted. Allegedly, it was noted that fetal stool was present in the amniotic fluid not long after the mother was admitted. Over the next few hours, providers gave the mother various medications to lessen pain and encourage labor, the lawsuit said. Nearly 20 hours after the mother's water broke, the child was born and noted to be nonvigorous and floppy, the lawsuit alleged.

Reportedly, an on-site pediatrician stepped in to resuscitate the baby, but a tool that he needed to suck out the fetal stool had fallen and was not readily available. After the baby was revived, the child was transferred to another hospital where an MRI determined the infant had suffered a severe brain injury due to lack of oxygen, the lawsuit claimed. The plaintiffs said had the baby been properly and timely treated, he would not have suffered brain damage. The lawsuit was recently settled for $11.5 million.

Tragically, injuries suffered during birth often have permanent and drastic consequences. Delaware families who have been affected by birth injuries may be able to take legal action. Damages from a successful claim could provide monetary relief for families who have suffered through this tragic experience.

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