Health Law

22 Million in Birth Malpractice

Heather Grow's daughter, Cassie, was delivered by caesarian section but only after she had been stuck in the birth canal for over thirteen hours.  In 1997 Heather was told that she had a narrow pelvic arch and that became an issue about two weeks before delivery when her doctors realized that the baby was about nine pounds.

Cassie got stuck in the birth canal clearly being pushed through an opening where she couldn't fit.  Attorney Patrick P.J. Beirne described it as like trying to push a watermelon through an opening the size of an apple.   Not only was Cassie too big for the birth canal but medical workers continued to give Heather drugs to make the uterus contract.  She continued having contractions every couple minutes.  This continued for hours all the while squeezing the baby's head causing brain damage.

Attorney Mark Mueller said that the doctor had a responsibility to ensure that Heather had a safe delivery.

Cassie, now 11, is a spastic quadriplegic. That means she has limited use of her limbs.

She can walk short distances but needs a walker. She can see but because the part of her brain that processes vision was damaged, her brain can't properly interpret what her eyes see. She has problems using her hands, and she is mildly retarded, Mueller said.

"These are permanent injuries," Mueller said.

The vast majority of the settlement is for Cassie's future medical needs  and future loss of ability to perform ordinary activities.

Full post as published by Cerebral Palsy Law Blog on May 26, 2008 (boomark / email).