Devastating Birth Injury Suit Reaches Settlement

A Sacramento Superior Court judge recently approved a settlement agreement reached out of court by two parents and the UC Davis Medical Center. 

The mother involved in the case says that her daughter had a traumatic birth that was poorly handled by the medical center and resulted in her daughter being born with permanent brain damage that will affect her for the rest of her life. She says that the money from the $9 million settlement will improve her daughter’s quality of life and allow her parents to get her the medical care she needs. “It allows us the best chance at the best quality of life she can have,” she said.

According to the woman, her labor lasted for 7 hours and she says that throughout the difficult labor her doctors were aware that her child was in distress. She says that a C-section would have safely delivered her daughter and would have resulted in a normal birth, but her doctors were under the erroneous assumption that she was very opposed to having a C-section performed. But the woman says this was not true at all. “If at any point they wanted to perform a cesarean they had my written consent that they could do so,” she explained. She is angry because she believes the hospital provided substandard care, and was negligent by not taking action even after they realized that her daughter was in jeopardy and yet they tried to blame the issue on her.

The mother could not believe how quickly the birth process became a nightmare. The baby’s heart rate dropped, and it was clear that she was not getting enough oxygen. When the baby was finally born she was blue and lifeless. Doctors had to resuscitate her and then put her on a cooling blanket. The baby’s mother was devastated when doctors told her that her child will not ever be able to walk, talk, or “be able to do really any of the things that make life worthwhile.”

The child is now 20 months old and life has been difficult for the family. Necessary medical care has been extremely costly. The child’s father has even quit his job to stay home and provide her with care.

Settlement Reached

California caps pain and suffering awards at $250,000. A portion of the settlement is intended to compensate the family for their suffering and distress, but most of the funds will be put in a life-time annuity that will be set up to take care of the child’s medical expenses, which will include 24 hour nursing care.

Originally the family had asked for $15 million in the lawsuit, but they were willing to settle at $9 million in order to move forward with their lives. The family recently had a second child. She was born at a different hospital and is healthy.

This settlement is the largest malpractice award relating to birth injuries and involving the University. The University of California Regents approved the settlement and the UC Med Center released a statement saying,

This case is devastating for everyone involved, especially for the parents and child. We share their sorrow. In the best interests of all parties, we reached a settlement agreement.”

St. Louis Birth Injury Lawyers

If your family has been affected by medical malpractice in the state of Missouri, contact a Missouri medical malpractice attorney to discuss your legal options and determine the best course of action. Each state has different statutes of limitation with regard to medical malpractice, so contacting an attorney as soon as possible is in your best interests.

To speak with an experienced birth injury attorney at Zevan and Davidson call (314) 588-7200.

We can evaluate your case for free and help you determine what your legal options are.

photo credit: _-0-_