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Articles Posted in Brain Injury

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Recent Study Shows That Medical Malpractice Non-economic Damage Caps Do Not Affect the Number of Cesarean Section Deliveries

Illinois is not one of the many states that have enacted non-economic damage caps on medical malpractice lawsuits. However, Illinois lawmakers have three times voted to enact such laws; each was found unconstitutional for a variety of reasons. According to a paper completed by Rutgers Law School Professor Sabrina Safrin,…

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$5 Million Confidential Settlement for Birth Injury in Failure to Treat Group B Strep Infection

In this confidential settlement, the case arose after Ms. Doe was admitted to a hospital in pre-term labor at 29 weeks gestation. During her 39-hour admission, she received medication to prevent a premature delivery. The hospital staff then discharged her. One day later, laboratory results revealed that she had an…

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$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The United States government has withdrawn its appeal after a U.S. District Court judge in Pennsylvania signed a judgment order in the amount of $42 million for the parents of a young boy who was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…

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$15 Million Settlement Reached in Late Caesarean Section Procedure Leaving Mother with Profound Brain Damage

The mother, Doe, age 38, was 30 weeks into her pregnancy and considered in a high-risk pregnancy when she was admitted to the Roe Hospital due to preeclampsia. Several days later, during overnight hours, the fetal monitor showed severe late deceleration of her unborn baby, which continued for two hours.…

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$7.86 Million Jury Verdict for Hypoxic Brain Injury to Newborn

Vashti Daisley went to a hospital complaining of a lack of fetal movement during the late stages of her pregnancy. Dr. Donna Kasello, an obstetrician, performed a biophysical profile, which resulted in a score of two. Dr. Kasello consulted a maternal-fetal medicine specialist, Dr. Kimberly Heller, and the patient later…

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$46.5 Million Jury Verdict for Failure to Diagnose, Treat Jaundice of Newborn

Kara Smalls was delivered by way of a Cesarean section surgery at Ouachita County Medical Center. Two hours after her birth, Kara’s bilirubin level was 5.5, which is an indication of high risk of hyperbilirubinemia. Hyperbilirubinemia is a condition in a newborn in which there is too much bilirubin in…

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State Appellate Court Affirms the Exclusion of Maternal-Fetal Medicine Expert Because Expert’s Theory Was Not Reliably Tested and Not Generally Accepted in the Scientific Community

T’Miaya Smith’s son, J.H., began having seizures after his birth. A CT scan revealed ischemic injuries to his brain. Ischemic injuries result from the lack of blood flow to the brain causing brain damage. Smith, on behalf of her son, filed a lawsuit against Lauren Braswell, a midwife who provided…

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State Supreme Court Affirms Trial Court’s Decision Concerning Challenge of Juror Disqualification for Bias

An appeal from the Circuit Court of Franklin County, Mo., ended up in the Missouri Supreme Court on the issue of a disqualifying motion of a juror who was alleged to have been biased. This was a medical malpractice lawsuit against Mercy Hospitals. On March 13, 2013, the plaintiffs, Thaddeus…

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$33.81 Million Judgment Entered for Brain Damaged Baby Whose Birth Was Delayed When C-Section Was an Option

Marla Dixon was admitted to a hospital in labor. Her obstetrician was Dr. Ata Atogho, a U.S. government employee. Dr. Atogho attended the delivery. After the heartrate monitor of the fetus showed decelerations and poor variability, a nurse discontinued Pitocin and called Dr. Atogho who arrived sixteen minutes later. Dr.…

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$5 Million Settlement in Brain Injured Baby Case

The United States will pay $5 million in a settlement to resolve a medical malpractice lawsuit alleging that physicians at a Florida naval hospital chose not to order a cesarean section despite signs and symptoms of fetal distress. As it turned out, the fetal distress caused the baby’s permanent brain…

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