On 2012, a baby was delivered at Chambersburg Hospital by an obstetrician for Keyston Women's Health Center. The center is a federally-supported facility. According to a lawsuit filed against the federal government, the doctor used forceps to deliver the baby boy, even though neither the mother nor the boy were in any distress.
The forceps results in skull fractures, brain damage and brain bleeding. The judge who heard the case noted that the mother had only pushed one time before the doctor used the forceps. The lawsuit claimed the doctor was "straining, red-faced and sweaty" as he was trying to pull the baby out with the forceps. The mother's and baby's vital signs were normal at this point. However, the child would never be able to speak, walk or read and will need a motorized wheelchair in the future.
The majority of the verdict -- $33 million -- was awarded for the boy's future assisted living and medical care expenses. Another $3.55 million was awarded for the boy's loss of fringe benefits and wages. $5 million was awarded for the now-5-year-old child's pain and suffering. Past medical expenses were covered with $104,000.
Officials with Keystone expressed their sadness for what had happened to the boy. "The entire Keystone Health family is saddened by the outcome of this delivery and for the hardships this child and family have experienced and will continue to endure," said the statement.
Birth injuries can be catastrophic and significantly affect a baby's entire life. If your baby has suffered a birth injury, an experienced attorney can help you determine your legal options.
Source: phillyvoice.com, "Judge: Parents of Pennsylvania boy injured at birth get $42M," Joe Mandak, Associated Press, April 21, 2017