Birth Injury Suit Leads to $4 Million Settlement

Elise Kramer | November 6th, 2012

A family has settled a lawsuit they filed after their child was born with a birth injury for a reported $4,000,000. The lawsuit claimed negligence of a hospital which, they allege, did not provide an adequate standard of care for a healthy newborn. The lawsuit noted that the infant had exhibited risk factors for hypoglycemia, but hospital staff failed to administer regular glucose tests or formula;  as a result, the infant allegedly suffered from brain damage resulting from a birth injury. The lawsuit was settled a month before it was set to go to trial.

Hospital was negligent in monitoring

The minor plaintiff was born on the 8th of September, 2005, and was a healthy newborn who didn’t exhibit any signs of fetal distress. However, he did have difficulty latching on to breastfeed. Because of this, the hospital pediatrician ordered that his feeds be supplemented with formula; however, the nurses did not follow the doctor’s orders, and the minor plaintiff subsequently became hypoglycemic as a result. His glucose levels dropped rapidly to a critically low level of 5 and head studies showed that he had suffered brain damage due to his condition.

The minor plaintiff is still dealing with the consequences of his birth injury. He allegedly suffers from developmental delays, a tactile sensory disorder, and vision problems as a result of his hypoglycemic episode. The plaintiffs’ lawsuit contends that the hospital is liable for these birth injuries because they failed to take into account certain risk factors for hypoglycemia, including “jittery” behavior, marginally low birth weight, and difficulty latching on to breastfeed, among other things.

Lawsuit leads to millions in settlement

With the help of birth injury attorneys, the minor plaintiff and his family were able to file suit against the hospital responsible. They were seeking damages in amounts that would help mitigate their medical bills and other costs associated with the child’s injuries, which are likely to affect him for a lifetime. Although the family was prepared to go forward with a trial, they ultimately decided to settle out of court.