$42 Million Medical Malpractice Birth Injury Lawsuit to be Paid by Government

The United States government has withdrawn its appeal after a U.S. District Court judge in Pennsylvania signed a judgment order in the amount of $42 million for the parents of a young boy who was disabled from brain injuries apparently caused by the use of forceps during his birth.

Regan Safier, the attorney for the family of the minor child, identified only as D.A., commented that the government found that an appeal of the judgment would not be successful.

The U.S. attorney, David J. Freed said, “We respect the court’s decision in this matter and wish nothing but the best for the minor child and his parents.” The verdict of $42 million was entered in Harrisburg, Penn., after a 6-day trial in 2016.

The child, D.A., understands language but cannot speak, read or write and eventually will have to use a motorized wheelchair, all of which are the results of the brain injury D.A. suffered at birth.

The parents of D.A. sued the federal government for errors allegedly made by an obstetrician for Keystone Women’s Health Center, a federally supported facility. The obstetrician who delivered the child on Feb. 21, 2012 at Chambersburg Hospital was not named in the lawsuit.

According to the lawsuit, it was alleged that the doctor used forceps to grab the boy’s head, causing skull fractures, brain bleeding and damage even though the boy and his mother were not in distress and such a drastic measure was not necessary, according the pleadings in the case.

The judge noted in the decision that the obstetrician began using forceps after D.A.’s mother pushed just one time during her delivery and that the doctor was “straining, red-faced and sweaty” and tried to extract the baby, even though the vital signs of the child and mother were normal and indicated no distress.

Most of the judgment, nearly $33 million, is for the boy’s future medical care and assisted living. The judge also agreed with the couple that their son “will be too difficult for his parents to handle” by the time he’s 22 and likely will need institutional care.

In addition to the $33 million, another $5 million was for D.A.’s pain and suffering and another $3.5 million for his loss of future earnings and fringe benefits and $104,000 to cover past medical expenses.

According to the report of this case, the facility, Keystone Women’s Health Center, will take all necessary quality assurance steps so that this kind of horrific brain injury and injury to a child does not reccur.

Family of D.A. v. United States

Kreisman Law Offices has been handling birth trauma injury cases, birth brain injury lawsuits and wrongful death cases for individuals and families whose newborn, child or loved has been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including River Forest, Mount Prospect, Prospect Heights, Hinsdale, Wheaton, Geneva, Buffalo Grove, Vernon Hills, Schiller Park, Chicago (Marquette Park, Garfield Park, Brighton Park, Archer Heights, Beverly, Roscoe Village, Wicker Park, Sauganash, West Ridge, North Park, Portage Park, Norwood Park, Near South Side, Bronzeville, Canaryville, Stockyards, Back of the Yards, Pilsen, Pullman, Pill Hill), Cicero, La Grange and Western Springs, Ill.