Birth Injury Lawsuit Filed Based on Labor and Delivery Complications

Birth Injury Lawsuit Filed Based on Labor and Delivery Complications

A new birth injury lawsuit has been filed against the United States on behalf of a four-year-old child who suffered brain damage. According to the medical malpractice lawsuit, the child's mother arrived at the federally funded health center to deliver the baby at 39 weeks pregnant. She was in labor and having contractions. A pelvic exam revealed that she had begun dilating and her water broke during the examination. The mother was admitted to the hospital for delivery. However, thirteen hours later her labor had not yet progressed.

The pleadings reveal after an internal fetal monitor was placed and labor still failed to progress. An OB/GYN was consulted and it was determined that a C-Section would be performed if the mother's cervix hadn't changed by the next day. Pitocin was ordered to move labor along. Shortly thereafter the labor and delivery nurse noted late decelerations, and that the mother was beginning to experience fever as well as arm and chest cramps.

The baby was delivered a few hours later. At the time of delivery, the mother was diagnosed with primigravida, spontaneous rupture of membranes, variable decelerations, along with other complications. Further, the baby was blue in color – evidence of a lack of oxygen. He was diagnosed with perinatal asphyxia along with hypoxic ischemic encephalopathy and acute kidney injury.

Hypoxic Ischemic Encephalopathy (HIE) is a serious medical condition that results from decreased oxygen and blood flow causing damage to the brain of a newborn. This type of brain injury is severe and commonly results in the wrongful or permanent disability of a baby. HIE typically occurs during the childbirth process or just after it.

Few treatments exists for HIE, in some instances brain cooling can help to lessen the impact and severity of the injury – allowing the brain to heal. However, often severe life long health problems arise including cerebral palsy, brain injuries and other cognitive and developmental delays.

Where an injury occurs as the result of a physician or other health care professional's failure to act according to the requisite standard of care, a patient and his or her family may be able to bring an action for medical malpractice and recover damages.

For more information, please contact the dedicated California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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