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Is 144 million enough to care for a brain injured child?

Posted by David Nemeroff | Oct 31, 2011 | 0 Comments

The birth if a child is one of the most anticipated events in a couple's life. Months of anticipation are spent planning for the arrival of the new baby. Parents are spending days getting a nursery ready. Or perhaps, they are reading books on childcare and safety? Many expectant parents are deciding upon the perfect name for their new baby. The day finally arrives, you are at the hospital. In a few hours your new child, will enter the world. Then something goes tragically wrong, during the course of the labor and delivery. What was expected to be a joyous moment has turned into a tragic event. The newborn has suffered a birth injury? How could this have happened? I was delivering at a well-known hospital.

As an Illinois birth injury attorney, I know that these tragic events occur every day in hospitals across Illinois. When an infant is injured as the result of a health care provider's negligence, this is considered medical malpractice. Just this week a jury awarded a Michigan family 144 million dollars in a birth injury law suit filed against Beaumont Hospital and the delivering health care providers. The suit alleged that the infant's weight of 10 lbs. 12 oz. should have been detected during labor. Instead of the infant being delivered vaginally a caesarean section should have been performed. The health care provider's failure to perform the c/s, caused permanent injuries to the child. The infant suffered several birth related injuries. It is reported in the lawsuit the infant suffered a fractured clavicle and severe brain trauma.

An infant with a birth injury, such as a brain injury many times will require long-term medical treatment, his or her disabilities may be permanent. The cost of medical care and rehabilitation can be expensive. A birth injury to an infant and the impact on the family is devastating. Nemeroff Law Offices handles a variety of birth injury claims for clients located in throughout the Illinois region.

Let's take a look at some of the injuries that can result:

  • Traumatic brain injury
  • Shoulder dystocia/Erb's Palsy/ Brachial plexus palsy injuries
  • Breech presentation birth complications
  • Cerebral Palsy
  • Fractured bones
  • Fetal death
  • Other related birth

The attorney for the hospital claims that the severe brain injury is the result of a genetically related condition. Beaumont Hospital and the health care providers will appeal this verdict. The child at the center of this lawsuit is 15 yrs. old. The lawsuit was filed on her behalf in 2006. The 15 yr old child requires 24 hour care. Many may think that a 144 million dollar verdict is a huge amount of money. This settlement will go towards lifelong custodial care for this child.

If you have ever been in the hospital recently, look at your bill. A brief hospitalization, costs the average consumer thousands of dollars. Imagine a life filled with physician visits, hospital stays, and long term care. This child suffered the loss of normal life due to the negligence of her health care providers.

About the Author

David Nemeroff

David Nemeroff was voted one of the Top 100 Lawyers in the entire state of Illinois (out of 83,000 lawyers) by Super Lawyers Magazine...


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