A Bayonne, New Jersey family has settled their infant brain injury malpractice case for $7.1 million. After nearly three years, the family can now focus on supporting their son, who was born with serious brain damage. Read on to learn more about this family’s ordeal and resolution. If you have questions about a birth injury your child is suffering from, feel free to contact MedMalFirm.com.
Infant Brain Injury Malpractice Case Information
David Tejada was born in 2017 at Hoboken University Medical Center. At just one day old, his parents rushed him to St. Joseph’s Medical Center where he was diagnosed with a hypoxic ischemic brain injury. The brain injury is the result of a lack of oxygen during labor and delivery.
Sometime after the diagnosis, David’s parents filed an infant brain injury malpractice lawsuit against Hoboken University Medical Center. The lawsuit alleged “a deviation from accepted standards of obstetrical care during the labor and delivery of the minor plaintiff, David E. Tejada.” The lawsuit further states that there was a delay during delivery that caused David’s injuries.
Now three years old, David suffers from several medical conditions. He has seizures and hydrocephalus. He also requires constant medical care and assistance with daily living, is unable to feed himself or walk, and requires eight medications.
The lawsuit states that David and his family,
“have suffered, and will in the future suffer, severe mental, emotional and psychological damages, injuries, pain, suffering and anguish, and were and will be in other ways be damaged.”
Infant Brain Injury Malpractice Case Settles for $7.1 Million
The Tejada family’s lawsuit settled, which means they will not go to trial. The settlement terms include no admission of wrongdoing on the part of the hospital or the doctor listed in the settlement agreement. The settlement will be broken down, with $650,000 going into a trust for David’s care. A structured settlement annuity will be purchased for $3 million, which will pay another $27,000 into the fund monthly for 10 years.
The settlement amount will no doubt help the Tejada family maintain David’s care as he continues to require ongoing, constant medical support. Sadly, no amount of financial compensation can erase what this family has experienced.
Lack of Oxygen a Common Cause for Infant Brain Injury
Lack of oxygen at birth is one of the most common causes for infant brain injuries. It is also unfortunately common, with between two and 10 out of every 1,000 newborns experiencing some form of oxygen deprivation during labor and delivery.
Oxygen deprivation can be the result of a variety of complications and medical disorders, including:
- Problems with the Umbilical Cord: A twisted, knotted, kinked or prolapsed umbilical cord can cut off oxygen to the baby.
- Difficult or Prolonged Labor: If the baby gets stuck in the birth canal, he or she can quickly become deprived of oxygen.
- Blocked Airways: During delivery, mucous can build up in the infant’s lungs. If not removed quickly, the infant may suffer oxygen deprivation.
- Placental Abruption: Placental abruption occurs when the placenta separates too quickly from the uterus. This results in a reduced oxygen supply to the infant.
- Maternal Infections: Some maternal infections can affect an unborn infant. Intrauterine infections (passed from mother to infant) can cause oxygen deprivation and brain damage. Infections that cause this include herpes and rubella.
- Preeclampsia: Preeclampsia is a dangerous complication of pregnancy with the potential to cause serious injuries to mother and child. Preeclampsia causes high maternal blood pressure. As a result, blood and oxygen flow to the infant may decrease. In severe cases, the placenta stops providing nutrients to the infant altogether.
It is important that healthcare providers accurately diagnose and treat any of these conditions. Failure to do so can lead to brain damage and other serious consequences for mother and child. Failing to accurately diagnose and treat a medical condition is also a form of medical malpractice.
When Infant Brain Injury is Medical Malpractice
If an infant brain injury is the result of a doctor’s negligence, the parents may be able to pursue a medical malpractice claim. Examples of medical malpractice that causes infant brain injuries include:
- A doctor failing to detect or diagnose a complication of pregnancy
- A doctor failing to detect or diagnose a maternal infection
- Delay in ordering a necessary Cesarean section (c-section)
- Healthcare staff failing to properly monitor fetal vital signs
When doctors do not adhere to the standards of care in diagnosing and treating a medical condition, the results for the patient can be devastating. Patients may experience worsening of symptoms, unnecessary pain, permanent damage or even death.
Contact a Houston Birth Injury Lawyer
Families who experience medical malpractice have rights. At MedMalFirm.com, our focus is on helping victims of medical malpractice understand these rights and protect them. If you believe you or a loved one is the victim of healthcare negligence, we certainly understand that this is a difficult time for you. We offer legal guidance and support that will help relieve the burden on your shoulders.
You can contact us and schedule a consultation with our Houston birth injury lawyer at no cost to you. Your initial consultation is absolutely free. Contact us to find out how we can help you. Call us toll free at 877-887-4850, or complete our online contact form to get started.