cerebral palsy verdicts and settlements

The birth injury lawyers at Martin & Jones are dedicated to helping the families of children who were injured at birth. Medical mistakes made near the time of childbirth can cause serious medical conditions, such as brain damage and cerebral palsy.

This page contains information on recent successes in lawsuits on behalf of clients diagnosed with cerebral palsy.

$7.5 million settlement in cerebral palsy lawsuit

Cindy was young and healthy when she became pregnant.  She had a normal pregnancy and went into labor at term.  When she arrived to the hospital, a monitor was activated showing a healthy baby.

Two hours after her arrival, the monitor began to show signs that the baby was having trouble. The attending nurse did not notify a doctor for more than 2 hours. When the baby's heart rate plummeted to an ominously low rate, an obstetrician finally was called. 

When the obstetrician arrived, an emergency c-section was performed and the baby was delivered. The baby was not breathing and had no heartbeat.  A pediatrician was not present at the delivery.  The attending nurse later admitted that a pediatrician was not present at delivery even though she had indicated otherwise in the medical records.

A respiratory therapist attempted to resuscitate the baby.  The therapist did not attempt toplace the breathing tube for 6 minutes. The medical records indicated that at that time, the therapist placed the breathing tube in the baby's stomach instead of in its lungs.  A pediatrician later discovered the error and corrected it.

Initial blood gas measurements showed profound respiratory and metabolic acidosis consistent with intrapartum asphyxia and an esophageal intubation which persisted for some time.  At 22 minutes of age, the baby's heart began to beat at 40 beats per minute.  The baby's heartbeat did not rise above 100 beats per minute until 26 minutes of age.

The child was diagnosed with quadraplegic cerebral palsy and requires around-the-clock care. The family of the child sued the hospital responsible for these mistakes.  Martin & Jones designated more than 20 experts who testified about the mistakes made by the healthcare providers during the delivery.  Throughout the litigation, more than 40 depositions were taken throughout the United States and Canada.

The case settled three days before trial for $7.5 million. This money will relieve the family's financial burdens and help the child and family pay for costly medical treatment and lifetime care.

$1.2 million settlement in wrongful death cerebral palsy lawsuit

Susan was beyond her due date when her labor was induced.  When her obstetrician broke her water, there was no fluid.  Susan underwent amnioinfusion and internal monitors were placed.  During Susan's almost 24-hour labor, one obstetrician stopped the Pitocin that was flowing into Susan to cause her to have contractions, but then another obstetrician started it again.

When the monitor started showing signs that the baby was in trouble, nurses instructed Susan to stop pushing, but then the obstetrician ordered Susan to push.  Nurses asked for a pediatrician to be be called but the obstetrican refused.  Susan's baby was finally delived by use of a vacuum.  The baby had to be ventilated and then suffered seizures shortly after birth.  She was diagnosed with cerebral palsy and died at age five.

Martin & Jones sued the obstetrician and the delivery hospital and settled the case for $1.2 million.

martin & jones obtains $800,000 settlement
in erb's palsy lawsuit

Nancy delivered her second child at a major medical center that was also a teaching hospital.  Her baby was delivered by a second-year medical student who failed to recognize that the baby's shoulder was stuck in the birth canal.  Excessive pressure was applied to the baby's head to pull the shoulders out.

The baby suffered a nerve injury called a brachial plexus injury, and was diagnosed with Erb's Palsy.  Nancy's daughter had to undergo therapy and surgery to attempt to correct the damage done at birth.

Martin & Jones sued the major medical center and settled the case for $800,000.00, a portion of which will provide the daughter income for the rest of her life, including lump sums when she reaches college-age.

For more information about cerebral palsy and birth injuries, please complete our online contact form.