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Medical malpractice results in severe cerebral palsy for a Fayette county girl. Ogg, Murphy & Perkosky successfully reach a large settlement on behalf of the clients.
Failure to perform a c-section in time results in Birth Injury
Our clients were a young couple from Fayette County, Pennsylvania. Their first born child, a daughter, was born with severe cerebral palsy. They came to us after a local attorney in Uniontown had rejected their case. The couple explained that the mother had a prolonged and difficult labor and delivery process at a Washington County hospital that lasted over twenty-six hours, and that the obstetrician had refused the family's request on several occasions to perform a Cesarean delivery. When their daughter was born, she was limp and not breathing. While their newborn child was able to be resuscitated, she immediately began to display seizure activity, a tell-tale sign that the infant had been deprived of oxygen for an extended period of time during the delivery. Their child was transferred to the Neo-Intensive Care Unit of Mercy Hospital in Pittsburgh where the diagnosis of cerebral palsy as a result of oxygen deprivation was made.
We obtained the medical records, and most importantly, the fetal monitoring strips/tracings. The fetal monitoring strips revealed a healthy baby who, as the labor wore on, began experiencing fetal distress and an inability to tolerate the stress of labor. Fetal distress tells you the baby's well-being is in jeopardy. It is a medical emergency that should trigger intervention, usually in the form of an immediate Cesarean delivery, because fetal distress tells the medical providers that the baby is not getting sufficient oxygen during labor. Unfortunately, the physician chose to push forward with a vaginal delivery. As a result, our client continued to labor and with each passing minute and contraction, her baby struggled for oxygen. Having gone without sufficient oxygen for roughly 40 minutes, their child was delivered with catastrophic results. In summary, this was the birth of a brain damaged child that was entirely preventable.
We brought a civil action in Washington County on behalf of the child and her parents against both the physician and the hospital. Days before trial, a substantial settlement was reached with the insurance companies of the physician and the hospital. This child has been left with permanent and devastating injuries that have affected her motor function and cognitive development that will require a lifetime of therapies and medical needs. The settlement allowed for a monetary fund to be established that will pay for the child's medical needs for the remainder of her life.