U.S. Government to Pay $20 Million in Two Birth Injury Cases


October 08, 2010

There is nothing as tragic and heart wrenching as a family that has their dream of having a baby turn into the surreal nightmare of birth injuries, which result in life-long mental and physical disabilities. Birth injuries are exceptionally disheartening because they harm the most vulnerable in our society and can mean life-long challenges, astronomical medical costs, and staggering special needs expenses for families.

When the hospital where the birth injuries occur is owned by a government entity, the governmental entity may be liable for a child's birth injuries. The U.S. government is currently preparing to pay $20 million to two families who filed birth injury lawsuits over delivery related injuries at different military hospitals. The lawsuits were based on the negligence of the medical providers during the delivery of the infants that resulted in the death of one child and left the other permanently disabled with cerebral palsy.

In the fatality case, the child suffered severe brain damage when he was born with his umbilical chord wrapped around his neck, cutting off the blood flow to his brain. The child ultimately died from a brain seizure as a result of his birth injuries when he was three years old. The family originally filed a medical malpractice lawsuit and was awarded $60.5 million in that claim. A family may seek compensation for the cost of caring for a child during their lifetime when they suffer birth injuries. The award had a component in the damages to cover the costs of special care for the child over his lifetime. The judge then reduced the award to $40.5 million following a government motion for reduction, but the medical malpractice claim became moot when the child died so the case was refiled as a wrongful death lawsuit, which led to a $10.2 million award.

The verdict in this lawsuit occurred at the same time that another case against a government hospital was settled for a similar amount. The second case was a cerebral palsy lawsuit involving a child who suffered serious brain damage due to mistakes by the government hospital during the child's delivery. As a result of the mistakes during delivery the child suffered life-long injuries and disfigurement, which meant she would not have the ability to walk, talk, feed herself or use the bathroom without assistance for her entire life.

Cerebral Palsy is caused by brain damage sustained by the baby before, during or immediately after birth. The brain damage is often the result of a lack of oxygen to the brain, or from a trauma to the head during labor and delivery. At Montlick and Associates, Attorneys at Law, we know that your infant's health is more valuable than financial compensation, but cerebral palsy and other birth injuries often mean life-long medical care and special rehabilitative, educational, and nursing needs. These costs can easily reach millions of dollars over your child's lifetime. The more resources that are at your disposal, the more you can provide the highest quality of life for your injured child. We can help you obtain the compensation you need to provide your injured child with the best care, education, and quality of life possible.

Call Montlick & Associates today to see how we can help. Our Georgia birth injury attorneys are available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com. No matter where you are, we are just a phone call away and we will even come to you.

Category: Personal Injury

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Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.