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Mother awarded $6.5M for negligence that caused son’s brain injury

Cerebral palsy is not a birth defect; rather it occurs after a traumatic brain injury during birth. In other words: it is preventable. This is what a first-time mother learned after researching the condition that doctors told her that her newborn son would probably suffer from cerebral palsy.

The boy, now 5 years old, can neither speak nor walk and requires a feeding tube. It is alleged that his brain damage was caused by negligent doctors at the military hospital where he was born. She filed a lawsuit claiming that the medication she was given during her induced labor overstimulated her contractions and caused distress to the baby; yet doctors ignored the warning signs that an emergency C-section should be performed. The court ruled in favor of the mother and recently awarded her $6.5 million dollars. The money gives her peace of mind knowing that her son will always have the care that he requires, even if she isn’t there to give it to him.

No amount of compensation can make up for the heartbreak and loss that new parents experience when they learn that their newborn child will suffer a permanent disability because of a doctor or nurse’s negligence. It can, however, offer some financial and emotional relief when it comes to long-term medical care and expenses. If your child suffers from cerebral palsy or another brain injury that occurred during the delivery process, you may want to speak with an attorney regarding the merits of a medical malpractice lawsuit.

Source: Killeen Daily Herald, “Judge: Darnall negligent during birth,” Rose L. Thayer, Dec. 5, 2013.

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