Delayed C-Section $18M
⚖️ Justice Served: $18M Settlement Highlights the Cost of Delayed Care in Birth Injury Cases
The Baltimore Medical Malpractice Lawyer Blog features reported verdicts and settlement in medical malpractice cases. A recent, significant legal victory underscores the devastating consequences of medical malpractice during childbirth and the critical importance of timely intervention. A hospital agreed to a $18 million settlement in a highly complex birth injury case. This financial resolution serves as a measure of accountability for the hospital. It is also a necessary lifeline for the young victim and her family following birth injury after a delayed c-section.
The core of the claim was the hospital’s failure to timely perform a cesarean section (C-section). This was after the mother, who was 40 weeks pregnant, presented for care. The delay in surgical delivery resulted in the newborn having two life-altering conditions: Hypoxic Ischemic Encephalopathy (HIE) and also Cerebral Palsy.
The settlement will ensure lifelong access to critical services. These specifically include specialized education, home care, and therapy. These services will offer the family a much-needed measure of relief and stability. This case is a stark reminder of the immense financial and emotional burden placed on families due to avoidable birth trauma.
👶 Understanding Birth Injuries: When Joy Turns to Tragedy
A birth injury refers to any damage or trauma sustained by a newborn just before, during, or shortly after the process of labor and delivery. While some birth injuries are minor and heal quickly, others are severe and permanent, often resulting from a lack of oxygen, excessive force, or medical staff failing to monitor the mother and baby properly.
Unlike birth defects, which are pre-existing conditions, birth injuries are caused by an external force or event during the delivery process. In cases like this settlement, the injury is often linked to medical malpractice—a situation where a doctor or hospital deviates from the accepted standard of care, causing harm. The most severe injuries are often those related to a deprivation of oxygen, leading to brain damage, as seen in the HIE diagnosis of this child.
🤰 Why Going Beyond 40 Weeks is Dangerous – Delayed C-Section
A pregnancy is generally full-term at 40 weeks. While some healthy pregnancies safely progress beyond this point (post-term), the risk of complications rises significantly as the pregnancy continues past the due date.
Increased Risks After 40 Weeks
- Placental Insufficiency: The placenta, which supplies the fetus with oxygen and nutrients, naturally begins to degrade after 40 weeks. This can lead to a decrease in its efficiency, causing the fetus to receive less oxygen and essential nutrients.
- Oligohydramnios: The volume of amniotic fluid can decrease substantially. Low fluid levels increase the risk of umbilical cord compression, which can severely restrict the flow of blood and, critically, oxygen to the baby.
- Macrosomia: The baby continues to grow, increasing the risk of difficult vaginal delivery, including shoulder dystocia (where the shoulder gets stuck), which can cause nerve damage or head trauma.
- Fetal Distress: As the pregnancy advances, the risk of the baby experiencing distress—signaled by a non-reassuring heart rate—increases. When signs of distress appear, particularly in a post-term pregnancy, an immediate delivery, often via C-section, is the required standard of care to prevent permanent injury. The delay in C-section cited in the $18 million settlement case is a classic example of this lapse in timely care.
🧠 Hypoxic Ischemic Encephalopathy (HIE) After Delayed C-Section
HIE: Hypoxic Ischemic Encephalopathy is a type of brain damage that occurs when the baby’s brain doesn’t receive enough oxygen (hypoxia) and/or blood flow (ischemia) for a period of time. It is a critical, medical emergency.
The Mechanism of Injury
The lack of oxygenated blood causes brain cells to die, which can then cascade into further damage. In the context of childbirth, HIE is often caused by:
- Severe cord compression.
- Placental abruption (the placenta detaches early).
- Maternal hypotension or uterine rupture.
- Crucially, a delay in delivery after fetal distress is identified, such as the delayed C-section in this case.
HIE is categorized as mild, moderate, or severe. Even with prompt intervention like therapeutic hypothermia (cooling the baby), moderate to severe HIE often leads to lifelong neurological disabilities, including the most common motor disorder: Cerebral Palsy.
♿ Cerebral Palsy (CP)
Cerebral Palsy (CP) is a permanent disorder that affects a person’s ability to move and maintain posture and balance. It is the most common motor disability in childhood. CP is not a single disease but an umbrella term for a group of disorders. They occur after abnormal brain development or damage to the developing brain.
Key Characteristics of CP
The effects of CP vary widely, but they typically involve:
- Movement Difficulties: Spasticity (stiff muscles), involuntary movements, and poor coordination.
- Balance and Posture: Difficulty maintaining an upright posture or controlling one’s body.
In the case of the newborn in the $18 million settlement, the HIE caused by the lack of oxygen during the delayed delivery led to the brain damage that resulted in her Cerebral Palsy diagnosis.
👨👩👧👦 Lifelong Needs: The Care Required by Children with HIE and CP After Delayed C-Section
The $18 million settlement reflects the high, lifelong cost of caring for a child with severe HIE and Cerebral Palsy. These conditions often necessitate intensive, multidisciplinary care that continues well into adulthood.
Future Care Requirements After Delayed C-Section
The settlement funds cover these crucial services:
- Therapies:
- Physical Therapy (PT): To improve movement, strength, flexibility, and prevent contractures.
- Occupational Therapy (OT): To develop fine motor skills for daily living tasks like dressing, eating, and writing.
- Speech-Language Therapy (SLT): To address difficulties with speaking, communication, and sometimes feeding/swallowing.
- Specialized Education: Many children with HIE/CP require individualized education programs (IEPs), specialized classrooms, and assistive technology to learn effectively.
- Adaptive Equipment: This includes essential, expensive equipment such as custom wheelchairs, braces, mobility aids, and communication devices.
- Home Care/Respite Care: Depending on the severity of the CP, the child may require full-time, skilled nursing or home health aides. Respite care is also essential to provide the parents with temporary relief from the demanding 24/7 care schedule.
- Medical Procedures and Surgeries: This can include orthopedic surgeries to correct muscle stiffness or joint deformities. This can also include regular medical consultations with neurologists and other specialists.
In conclusion, the settlement sends an unequivocal message: timely medical care during labor is non-negotiable. For families navigating the tragedy of a birth injury from a delayed c-section, securing a fair settlement is not a windfall. It is a critical necessity to ensure their child has the resources, care, and dignity they deserve for the rest of their lives.
Additional Reported Birth Injury Verdicts
You can read Blog posts in on Verdicts in other medical areas and the following birth injury verdict reports:
If your child has a birth injury, see below to contact the Kopec Law Firm.
Mark Kopec is a top-rated Baltimore medical malpractice lawyer. Contact us at 800-604-0704 to speak directly with Attorney Kopec in a free consultation. The Kopec Law Firm is in Baltimore and helps clients throughout Maryland and Washington, D.C. Thank you for reading the Baltimore Medical Malpractice Lawyer Blog.