$11 Million Settlement Reached In Birth Injury Case
A former Hawaii Navy family has received an $11 million settlement after their newborn daughter - Kayla - suffered permanent brain damage as the result of a “serious of egregious medical errors.” The settlement was reached on the eve of a federal trial. During Kayla’s delivery, a breakdown in communication occurred between two doctors, leading to the injury.
Children can suffer birth injuries in labor and delivery and immediately after birth – typically sustaining permanent and serious injuries such as Erb’s palsy and cerebral palsy. Birth injuries occur when blood does not flow adequately during labor and delivery. If doctors and nurses are not able to immediately take action to increase oxygen supply a baby, life-long injuries may occur.
Physicians and medical staff who fail to act in an appropriate manner may be legally responsible for medical malpractice.
Here, after the mother had spent several hours in the maternity ward, doctors concluded that the baby was showing signs of distress and needed to be delivered immediately. However, the second-year resident who had been monitoring the mother’s progress and her supervisor experienced a “failure of communication” and the delivery was not expedited by emergency cesarean or other method. Kayla was born with her umbilical cord wrapped around her neck. When she was handed to an intern, the oxygen tube was inserted erroneously, sending oxygen into her stomach rather than her lungs.
Kayla was born with brain damage that caused cerebral palsy and permanent disabilities, requiring constant care and supervision.
Some of the $11 million will go into a fund to ensure that there will be enough money to provide for her care for the rest of her life. In a statement issued on Tuesday, Tripler Army Medical Center accepts responsibility and states, “[T]he circumstances surrounding the November 2005 birth of Kayla McCraw at Tripler Army Medical Center were an unfortunate tragedy. Tripler accepts full responsibility for the outcome, resulting in its decision to support the settlement of the lawsuit brought by Kayla and her family. Tripler is especially gratified in knowing that Kayla will receive the medical care, assistance and rehabilitation that she needs for the rest of her life.”
When birth injuries occur, the results are often devastating and potentially last a lifetime.
Because of the seriousness of birth injuries, we are dedicated to working with birth trauma victims to help ensure they receive the compensation necessary for a lifetime of care. For more information, or if you believe a loved one has been the victim of medical malpractice that caused a birth injury, contact the attorneys at Bostwick & Peterson, LLP, dedicated to protecting the rights of birth trauma victims.
