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Articles Posted in Birth Injury

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State Appellate Court Holds That Refusal to Excuse Juror with Connection to Defendant Physician Not an Abusive Discretion

A Washington State Appellate Court held that a trial court had not abused its discretion in allowing a juror with a connection to the defendant doctor to serve on a jury in a medical malpractice case. In this case, a child and his parents sued the obstetrician, Dr. Kevin Harrington,…

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U.S. Court of Appeals Affirms Brachial Plexus Injury Damage Award Where Conflicting Expert Testimony Was Considered

When Yong Juan Zhao gave birth to her son “S.,” the baby suffered an avoidable brachial plexus injury, which severely and permanently impaired the function of his right arm. During her pregnancy and S.’s birth, Zhao was attended by an obstetrician employed by a federally supported grant clinic in southern…

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$6 Million Settlement for Failure to Timely Deliver Twins

Ms. Doe was pregnant with twins; they shared a placenta but had their own amniotic sacs. During her pregnancy, one of the twins, Twin B, had an abnormal velamentous cord insertion and exhibited persistent absent end-diastolic flow, which indicated underlying fetal vascular stress. Velamentous cord insertion is a complication of…

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$7.6 Million Jury Verdict in Birth Injury Caused by Negligent Forceps Use

After Mary Hunt was diagnosed as having possible preeclampsia, she was admitted to a hospital for induction of labor. Her treating physician ordered Pitocin and transferred her to an on-call obstetrician, Dr. Larry Clark. Dr. Clark delivered Mary’s son vaginally using forceps. As a result of the difficult delivery combined…

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U.S. Court of Appeals Refuses to Admit Doctor’s General Reputation Found on Internet Websites in Birth Injury Lawsuit

The U.S. Court of Appeals for the Fourth Circuit has affirmed a federal court’s exclusion of evidence regarding the defendant physician’s general reputation on internet websites. In this case, Sheena Dorman, Dillon Ming and their minor child sued obstetrician Dr. Richard G. Welch and his medical practice, Annapolis OB-Gyn Associates…

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$12 Million Jury Verdict for Birth Injury Caused by Failure to Discontinue Blood Pressure Medication

Terri Franklin had a history of hypertension. For that condition, she was prescribed Benicar. When she became pregnant at age 30, she continued to take Benicar while receiving prenatal care from obstetrician Dr. Alvin Sermons. Her baby had a stroke in-utero, and after the birth, the baby was diagnosed as…

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$30.55 Million Jury Verdict for Brain Damage Caused by Inadequate Fetal Monitoring

Kimberly Kirkwood-Boulter was admitted to Massachusetts General Hospital to deliver her first baby. During labor and delivery, the nurse responsible for monitoring the baby’s heart rate had difficulty differentiating Kirkwood-Boulter’s heartbeat from her unborn baby’s. This occurred during the second stage of labor, which lasted about 6 hours. In spite…

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U.S. Court of Appeals Reverses $7 Million Damage Award for Baby’s Brain Injury Caused by Physician’s Malpractice

This case arose from the tragic set of events involving A.F., a baby born with severe respiratory problems who developed permanent brain damage. A.F.’s mother, Kayla Butts, brought this lawsuit claiming that A.F.’s brain damage was caused by the medical malpractice of Dr. Sarah Hardy. It was alleged that Dr.…

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$2.4 Million Jury Verdict for Negligent Induction of Labor

Talanda Blevins, 38, was admitted to a hospital for an induction of labor. She was attended by obstetrician Dr. James Holzhauer. During her labor, her uterus ruptured, resulting in fetal distress. Dr. Holzhauer performed a cesarean section, during which it was alleged that Dr. Holzhauer lacerated the patient’s bladder. She…

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Missouri Court of Appeals Reverses Trial Court’s Denial of Party Asking an Insurance Question in Jury Selection; Verdict for Defendants Reversed and Remanded for New Trial

This was a case involving claims of birth injury and medical negligence-wrongful death. Plaintiffs Abraham J. Eoff and Crystal M. Eoff, on behalf of Sophee R. Eoff, deceased, appealed the trial court’s judgment entered in favor of the defendant, Jennifer K. McDonald, D.O. and Seasons Healthcare for Women, P.C., following…

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