A record award by a New York jury was sent down last week in the case of a 25 year old woman who was left permanently disabled after a birth injury caused her cerebral palsy.

The mother of Tiffany Busone filed the medical malpractice lawsuit more than two decades ago against Bellevue Women’s Hospital.  Her lawsuit claimed that when doctors at the hospital resuscitated and intubated her infant daughter, they did so incorrectly causing her to go without oxygen.  She subsequently developed cerebral palsy and brain damage as a result of the oxygen deprivation.

Busone, now 25 years old, is confined to a wheelchair and has only limited communication.  She will require home health care for the rest of her life and will never be able to work.

Cerebral palsy is a brain injury that often occurs before or during birth that can leave the child with developmental problems, brain damage, decrease or complete loss of motor functions and other permanent injuries.  Often times the cause of a child’s cerebral palsy is a doctor’s negligence, as in this case.

The jury that heard the case found in favor of the plaintiffs, awarding them $20 million for Busone’s home health care needs, $21 million for past and future pain and suffering and additional amounts for medical expenses and loss of future earnings, totaling $43 million altogether.

The verdict was a long time coming for the Busone family, who has been fighting for justice on behalf of Tiffany since 1991.

A Sacramento judge approved a $5.75 million settlement last week in the case of young Cannon Hoops, who suffers from cerebral palsy due to a birth injury.  The medical malpractice settlement is the largest amount ever agreed to by the University of California Davis Medical Center.

Cannon Hoops was born on December 1st, 2004 but the joy of the event was clouded by the tragedy of the birth injury he suffered that resulted in cerebral palsy.  According to the family’s medical attorney, the baby showed distress prior to birth which should have indicated a Caesarean section was needed.

The lawsuit alleged that all of the warning signs of fetal distress were ignored by the medical staff and they proceeded with a vaginal birth.  Baby Cannon came out blue and not breathing.  The lack of oxygen he suffered left him with “severe and permanent neurological injuries”.

The boy, now nearly 5 years old, is bound to a wheelchair and will require round the clock care for the rest of his life.

The settlement amount awards Cannon $1.75 million up front and an additional $4 million for payments of future medical expenses and as compensation for lost earnings over the remainder of his life.  In addition, his parents were awarded $250,000 in an agreement to waive any future wrongful death claims should Cannon not survive.

Birth injuries can be the most devastating of all forms of medical malpractice because they can happen in an instant and can permanently affect the lives of the child and his or her family.  It’s important to know that although a birth injury can’t be reversed, justice can be sought to recover some of the damages incurred.  A medical attorney experienced in birth related malpractice cases can assist you if you have any questions.

Shoulder Dystocia occurs during childbirth, when the infant’s head is delivered but the shoulders require additional medical intervention to be properly extracted.  There are many different factors that contribute to this complication, and it can ultimately lead to birth injuries to both the infant and the mother if it is not handled properly.
There are several risk factors that make situations of shoulder dystocia more likely, and which physicians must be aware and watchful of at all times.  These include maternal factors such as:

Diabetes
Abnormal pelvic anatomy
Short stature
Small birth canal
Previous shoulder dystocia complications

Additionally, fetal macrosomia (large birth size) can indicate the possible risk of shoulder dysocia and should be monitored closely up to and during the birth of the child.

Shoulder dystocia can be prevented if the doctor properly manages the mother’s labor and is able to perform the appropriate skilled maneuvers during the birth, if necessary, to dislodge the shoulder safely.  Risk factors can be discovered during the pregnancy and monitored via the use of ultrasound.

If shoulder dystocia is discovered during the birth process, the physician must impliment appropriate intervention techniques to reduce the risk of fetal and maternal injury such as episiotomy, maternal repositioning, application of suprapubic pressure and rotation of the baby.
Should shoulder dystocia occur, the injuries to the mother can involve bruising, tearing, hemorrhaging or uterine rupture.  The risks to the baby include loss of oxygen, clavical fracture, brachial plexus palsy and possible death.

If you or your baby suffered injuries due to undetected or improperly managed shoulder dystocia you may be eligible to seek compensation for your damages.  A medical attorney experienced in birth injuries can help.

A medical malpractice lawsuit involving brain damage to a child during delivery has been reinstated by the Nevada Supreme Court. At issue was the statute of limitations, which the lower court judge ruled had expired after four years and consequently dismissed the case.

However, the Nevada Supreme Court stated that the statute of limitations is 10 years when the malpractice involves a birth injury such as brain damage. The victim in the case suffered a scalpel laceration to his head during his birth in May 1995. He was born by Caesarean section.

The boy’s mother filed a lawsuit against two doctors, one of whom has settled out of court. The case against the other doctor will return to the District Court.

Statutes of Limitations Vary

This case provides an excellent example of how widely medical malpractice statutes of limitations may vary. Though most states have limits ranging between one and five years, there may be exceptions. 

Always check with an attorney if you have questions about the malpractice statute of limitations in your state.