In yet another notable medical malpractice settlement, birth injury attorneys at The Law Office of Richard M. Kenny successfully negotiated a $4.6 million settlement on behalf of the parents of an infant who was subjected to birth injuries during a traumatic delivery. During the delivery, there had been multiple indications pointing toward fetal distress that should have alarmed the doctors on the case to the need for emergency action. However, the doctors failed to respond to the situation with adequate care and the child suffered a brain injury due to prolonged oxygen deprivation.
The case was settled but not without its difficulties. James Lundy, a personal injury attorney from The Law Office of Richard M. Kenny, stated, “Every aspect of this case was fiercely contested, but in the end, we prevailed and brought a measure of justice to this innocent child.” According to expert witnesses, the signs of distress were apparent during delivery, such as deceleration of the fetal heart rate which is constantly monitored during delivery. The disregard for this distress delayed a timely response in the form of an emergency Caesarean section, which could have prevented injury to the child.
Brain damage from traumatic delivery significantly transforms the trajectory of an infant’s life before it even begins. This child will likely never know life apart from the neurological difficulties presented by this injury and the parents will need to provide their child with adequate medical attention. Since the injuries were determined to be products of medical malpractice, the parents were provided with the compensation needed to give them the peace of mind that the special needs of their child would be fully attended to without fear of financial troubles.
