Woodland Park readers may be at once relieved and saddened to learn that a jury recently awarded $1.8 million in medical malpractice damages resulting from birth delivery errors. The sum was awarded for birth injuries caused by an ill-timed and improperly used vacuum extraction during a birth in June 2008. Reportedly, the baby’s shoulder had become lodged in the birth canal, and the delivering doctor pulled down on the baby’s head, causing severe nerve damage and rendering the baby’s arm essentially useless. The doctor’s actions tore out three nerves, and two nerves were ruptured in half.
Of the total verdict, $1.2 million was awarded for past and future medical bills. The sum of $600,000 was awarded for pain and suffering, and the parents also were awarded $5,000. The baby, now three years old, faces several more surgeries as doctors attempt to repair the damage from the birth injuries in hopes that the child may regain some use of her arm. Doctors have already tried to transplant muscles, tendons and nerves to correct the deformity.
Birth injuries are pernicious. They are also often preventable. Whether in New Jersey or elsewhere, people who suffer injuries because of doctor error would do well to get all of the facts regarding the circumstances of the injury. It is important that an impartial determination can be made to assess liability for any errors that were committed. New Jersey law provides for the right of those injured due to medical malpractice to recover monetary damages for their injuries, as well as for any pain and suffering that may have resulted. Court decisions such as the one described here not only provide needed financial remuneration; they also hold negligent parties accountable for their actions.
Source: omaha.com, “$1.8 million awarded in birth injury,” Todd Cooper, Nov. 24, 2011
