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Family Awarded $42M for Doctor’s Negligence During Child-Birth

A Pennsylvania federal judge recently ruled that the federal government pay $41.6 million to a couple after determining that a doctor at a federally funded health clinic negligently used forceps to deliver the couple’s baby, causing permanent brain damage. The judge held that the doctor’s premature and multiple uses of forceps in attempting to deliver the baby caused the newborn permanent physical and intellectual disabilities.

Standard procedure under the medical best practices guidelines recommend a forceps delivery only during the prolonged second stage of labor-after the mother has pushed for at least two hours and there is a suspicion of danger to the fetus. However in this unfortunate instance, the doctor applied the use of forceps after only one push and later reapplied the forceps, forcefully pulling the fetus on three more occasions. Within a few hours after delivery, the newborn started to show signs of intracranial bleeding and pressure.

In his testimony, the couple’s medical expert described the how forceps are to be applied during child birth and that the application of forceps in this instance deviated from the standard of care, causing the newborn to suffer skull fractures in the process. Those skull fractures, along with brain bleeding and other brain injuries resulted in the child’s numerous intellectual disabilities, along with a multitude of physical disabilities which will render the child wheelchair bound for the rest of his life.

The now 5-year old boy can understand language, but cannot express himself, nor can he read or write. He has undergone six brain and spinal surgeries since his delivery and will require life-long supervision.

As a result of the doctor’s negligence, the federal judge ordered the federal government to pay the couple approximately $32.9 million for the child’s future medical expenses, $5 million to the child for non-economic damages, and $2.7 million in future lost wages, among several other awards.

If you have been the victim of medical malpractice in Texas, you may be able to obtain compensation for your losses and suffering. We are ready to fight for your rights and your future. Contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 800-594-4884.


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