Parents from Massachusetts agreed on a $4.25 million settlement to a medical malpractice case that concluded in early December 2013. The parents claimed that a birth injury during delivery caused the brain damage that lead their newborn to develop cerebral palsy. The parents sued three doctors at UMass Memorial Center after suffering complications in their child’s birth during August 2010. The child is now 4-years-old.

The parents’ attorney claims that the child suffered injuries that will prevent her from talking, walking or living independently. The child suffers from cerebral palsy, a condition that typically stems from an injury that occurs before birth, like a lack of oxygen. Cerebral palsy is a developmental disorder affecting posture, muscle tone or movement. The plaintiffs claimed that one of the doctors failed to monitor the unborn child during the last 50 minutes of a 48-hour labor process. They also claim that despite the mother’s demands, the same doctor delayed performing a C-section for approximately four hours.

The parents claim that the baby’s heart rate looked problematic during the last hour. Post-birth, the baby suffered from seizures. Results from medical images taken indicated that the child suffered brain damage due to a lack of oxygen. The parents believe this could have been avoided if different procedures had been taken by the three doctors. The family plans on applying the settlement to the lifetime medical care that the child will need. The case was settled before a trial date was set.

The Centers for Disease Control estimates that cerebral palsy occurs in one of every 250 to 750 newborns. Medical malpractice attorneys may be able to help those who have suffered at the hands of a negligent physician. An attorney could organize a case against negligent medical practitioners in order to reach a favorable settlement for their injured clients.

Source: Medstak, “Massachusetts Family Agrees to $4.25 Million Birth Injury Settlement“, Rodney Warner, December 09, 2013