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Settlement awarded in birth injury malpractice lawsuit

When medical errors result in permanent and irreversible injury to patients, it's always sad. When that patient is a tiny baby with their whole life ahead of them, it's downright tragic. The family of a young 17-year-old woman with cerebral palsy was recently awarded a $100 million settlement in a medical negligence lawsuit for the brain injury she experienced.

Seventeen years ago, the girl's mother was pregnant with twin girls. She went to the hospital complaining of cramping and was given Benadryl by hospital staff and sent home. She returned a short while later in full labor and the tiny twin girls were delivered via emergency cesarean section three months premature.

While both twins where extremely small, one was born healthy and normal. The other baby girl, however, suffered brain damage and was later diagnosed with cerebral palsy. The girl, now 17-years-old, is bound to a wheelchair and is unable to walk or perform many daily tasks on her own. She relies on her parents for constant care and will require long-term care and physical therapy.

In the lawsuit, the woman's mother asserted that hospital staff was negligent in causing her daughter's birth injury. Nurses and doctors on staff the evening of the girls' birth failed to diagnosis preterm labor signs and instead sent the mother home when they could have taken medical action to stop or delay labor.

While the settlement amount totals $100 million, the hospital where the negligent birth took place has filed for bankruptcy. The girl, therefore, will only receive roughly $16 million in insurance reimbursement. The settlement funds will go towards helping ensure she is able to live as independently and fully as possible.

Source: New York Post, "Family of SI cerebral palsy teen wins $100M lawsuit against birth hospital," Josh Saul, Aug. 25, 2012

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