Caroselli, Beachler & Coleman, L.L.C.

Birth injuries suit results in $2.1 million verdict

In a neighboring state of Pennsylvania, a jury awarded a family $2.1 million concerning a child suffering from Erb's Palsy, which presumably occurred due to problems during childbirth. It was alleged in the complaint for this birth injuries lawsuit that the child did not receive adequate care while labor was ongoing, and that the doctor possibly pulled too hard on the child's skull during delivery.

It is also claimed that the child suffers injuries to the nerves in the neck, and that she now also has limited mobility in the left arm. The defendants on the other hand claimed that the injuries to the girl occurred prior to childbirth.

That the trial lasted for three weeks provides an indication as to how difficult birth injuries cases are for attorneys to try. The hospital's attempt to defend themselves by claiming prior injuries to the child will need to be refuted at trial. Also, the fact that a jury has delivered a verdict does not mean that this matter is close to being resolved. The hospital may appeal or pursue other legal options in trying to reduce or eliminate the trial court's ruling.

Birth injury cases are possibly the most difficult of all medical malpractice cases to discern. The injuries alleged in these cases are often extremely serious and life lasting, and services for the child will involve much more than simple medical care. The injuries the child suffered will likely affect every aspect of that child's life, and a lifetime of care and services will somehow have to be provided.

Source: WPNG News, "Medical malpractice award in Otsego County case closely watched," by Candace Chapman, April 17, 2013

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