Birth Injuries that are the result of medical malpractice frequently are caused by lengthy labor failure to monitor the fetal heart rate and failure to perform a timely cesarean section. This results in a hypoxic brain injury. Doctors can tell after the baby was born if the injury was the result of a hypoxic brain injury during labor. First they test the baby’s blood for acidosis or elevated levels of PH, which the body produces when the baby is deprived of oxygen. Also the results of serial CT scan can time approximately when the injury occurred. Lastly the fetal monitor strips will show substantial heart rate deceleration during labor.
In the case that resulted in the $30 million verdict, the mother was rushed to the hospital after her water broke and she went into labor. Monitors placed on her stomach warned that the baby’s brain wasn’t receiving enough blood and oxygen because he was being strangled by his own umbilical cord. It had wrapped twice around the baby’s neck.
Instead of performing a cesarean section immediately, the doctor waited several hours to deliver Jacob Tomlian. Eighteen months later, Jacob’s parents learned that their son had brain damage. His comprehension is far behind that of his peers. In addition, he suffers from cerebral palsy and spastic legs.
Jacob will never be able to work, never be able to drive, and will never be able to live on his own. He’s already had his kidney replaced and both of his legs broken and fused together. He will soon have hip surgery that will probably leave him wheelchair-bound for the rest of his life.
Fifteen years ago, Tomlian’s family sued Dr. Mark Grenitz, the gynecologist who helped deliver Jacob, as well as Westside Regional, the hospital in Broward County, Fla., where Jacob was born, for medical malpractice.
On Monday, a six-person jury unanimously concluded that the hospital and doctor were negligent and that those medical errors caused the boy’s injuries. They awarded Jacob $30 million in damages, the Miami Herald reports
The award is undoubtedly a relief for Jacob’s family because they no longer have to worry about his care. Having represented families in birth injury cases, I also know that every parent would gladly give the award away if they could undo the mistakes that caused their children so much pain.
The lawyers of Carey, Danis & Lowe are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.
We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.
