Case Results
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Cerebral Palsy Caused By Birth Injury Settlement
Our firm recently represented the interests of a little girl who was born with severe cerebral palsy caused by oxygen deprivation at birth. Her mother's pregnancy was uneventful until she arrived at the hospital for delivery. During labor her care providers administered Pitocin, a drug that is used to speed up labor by increasing the frequency of contractions. A fetal heart monitor began demonstrating concerning heart tones, including elevated heart rate and late decelerated heart rate following contractions. This indicated that the baby was not tolerating labor well, and was an indication to stop giving Pitocin. Unfortunately, the care providers continued giving the medication and even increased the dosage. Hours later, the baby was finally delivered by emergency c-section.
Within the first 24 hours after birth, the baby began experiencing seizures. It was determined that she suffered from birth related asphyxia that resulted in a metabolic acidosis, neurological injuries and the development of cerebral palsy. Now four years of age, she has quadriplegic cerebral palsy with a mixed movement disorder, including spasticity in her extremities. She also has a cognitive impairment that affects her speech and language capabilities, as well as fine and gross motor function. She will likely be dependent for all daily activities for the rest of her life.
Our firm approached the care providers with a proposed settlement prior to filing a lawsuit. Unfortunately, because of Virginia's statutory cap on damages, the most that could be recovered for the child would be $1.8 million, even though her lifetime needs would cost considerably more than that. Thematter eventually resolved confidentially for $1.6 million without the need to resort to litigation. A Special Needs Trust funded by the settlement will create a lifetime of annuity payments for the benefit of the child. The trust was also court approved to purchase a single level accessible level home to allow the mother, who is the child's sole care provider, to accommodate her daughter's limited mobility and daily care needs.
Awarded: $1,600,000 Birth Injury Settlement
