Over the Years several landmark settlements in Birth Injury and Cerebral Palsy cases have left lasting imprint in the United States, with mistakes done from Doctors and Hospital Staff for not following guidelines and timely actions have resulted in largest settlements in US history. As Per data Provided by Birth Injury Lawyers Group, Below are top 10 largest verdicts in the US with each highlighting the allegations & settlements:-
1. Pennsylvania (2023) $182 Million Verdict: This lawsuit alleged that the hospital did not carry out a cesarean section in a timely manner, despite being aware of her chorioamnionitis, an infection affecting the amniotic fluid and fetal membranes. Verdict inlcuded $101 million for lifetime care expenses, $1.7 million for future loss of earnings, and $80 million for pain and suffering damages.
2. Michigan (2024) $120 Million Verdict: A pregnant woman arrived at the hospital, for routine checkup but it turned into a medical crisis due to a significant delay in performing a C-section. This delay, from the medical team’s failure to act on “non-reassuring fetal heart tones” indicated by the fetal monitor, led to the infant suffering severe asphyxiation at birth. As a direct consequence of this asphyxiation, the child was diagnosed with cerebral palsy. The family filed a cerebral palsy lawsuit in state court. After a four-week trial, a Detroit jury delivered justice, awarding $120 million in damages.
3. Iowa (2022) $98 Million Verdict: A 39-year-old woman was admitted with painful contractions. The baby experienced fetal distress, but the doctors did not order a C-section, resulting in a hypoxic brain injury. Making matters worse, the doctor tried to deliver using both forceps and a vacuum. Every OB knows you do not use both of these during a delivery. You pick one or the other. The baby, now three years old, has cerebral palsy, a learning disability, requires assistance to stand and take steps, needs 24-hour care for the rest of his life, and is unlikely to be able to work.
4. Missouri (2021) $34 Million Verdict: Pitcoin which led to hyperstimulation of contractions, causing severe loss of oxygen during delivery. The child suffered brain damage and was diagnosed with the most severe type of cerebral palsy, leaving him permanently disabled.
5. Missouri (2023) $25 Million Verdict: An obstetrician delegated the responsibility of administering and monitoring Pitocin to a student doctor. The fetal heart monitor warned of some complications, but the doctor continued administering more Pitocin. As a result, the baby experienced a significant loss of oxygen, which resulted in the child’s cerebral palsy. After a two-week trial, the jury granted the child and her family over $25 million for pain and suffering (reduced to $19 million).
6. Tennessee (2020) $15 Million Verdict: Small mother with prior C-section delivery was advised to attempt VBAC delivery for her second child. The child became stuck in the birth canal and suffered brain damage resulting in cerebral palsy.
7. Illinois (2024) $14 Million Verdict: 33 weeks pregnant mother was admitted with severe abdominal pain, there was no prompt assessment by a doctor or labor and delivery staff, causing a delay in recognizing her condition of placental abruption. By the time an emergency cesarean section was performed, the baby’s heart rate had significantly declined, indicating severe distress. Baby boy was born with hypoxic-ischemic encephalopathy (HIE), a brain injury caused by inadequate oxygen and blood flow, which soon led to a diagnosis of cerebral palsy. After 4 years baby was died, so this was both a wrongful death and a survival action lawsuit. This jury understood the Pain of what this child and this family endured and awarded $14 million.
8. Maryland (2023) $13 Million Verdict: A woman went to the Upper Chesapeake Medical Center to deliver her child. She was administered Pitcoin despite her high blood pressure. After 17 hours of labor and fetal heart monitor indications that the baby was in trouble, child suffered brain injuries from lack of oxygen. Following a two-week trial, a Harford County jury awarded the mother and child over $13 million, designated for future medical expenses, pain and suffering, and lost earning potential.
9. New York (2020) $5,891,304 Settlement: Child suffered HIE during delivery resulting in spastic cerebral palsy. Child is permanently disabled and requires a feeding tube, and wheelchair and will never be able to live and work independently.
10. Nevada (2022) $5,000,000 Settlement: Child suffered two oxygen deprivation-related injuries at birth. The family’s cerebral palsy lawsuit alleged the delivery team failed to diagnose multiple chorioangiomas and anemia in utero. Their suit also alleged that the doctors and nurses missed clear signs of fetal distress that necessitated delivery.
As Per our conversation with Cerebral palsy Lawyer at Birth Injury Lawyers Group, below are some medical errors are considered as cerebral palsy medical malpractice:-
1. Excessively pulling on a child’s head, neck, shoulder or arms.
2. Improperly using assistive delivery tools such as vacuum extractors and forceps.
3. Failing to detect or treat maternal infections and other maternal risk factors.
4. Neglecting to perform an emergency cesarean section (C-section)
5. Neglecting to treat high maternal blood pressure and other blood pressure-related complications during pregnancy (preeclampsia)
6. Failing to diagnose and treat preterm labor or prolonged delivery.
7. Failing to identify umbilical cord issues.
8. Failing to recognize fetal distress such as lack of oxygen that leads to hypoxic-ischemic encephalopathy (HIE).
9. Failing to resuscitate a baby in enough time to prevent serious brain damage, one of the most common causes of CP.
10. Inadequately providing prenatal care before the baby is born.