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Child Brain Injury Lawsuit Ends with Verdict for Plaintiff

A new verdict in a child brain injury lawsuit is making headlines both for the traumatic nature of the story and the large award reached by the jury. The Sacramento Bee recently published information on the end of the case. The lawsuit was filed by a family following a series of errors it claims led their son to suffer a life altering brain injury. The consequences will have severe effects on the child for the rest of his life.

The problems began in 2008, when the child’s mother went to the hospital because of problems during her pregnancy. She was not all the way at full-term, but was not so premature that the child wasn’t viable. The story explains that she was 36 weeks pregnant when she showed signs of “placental abruption.” This is the situation when the placenta-which provides nutrients to the child-leaves the uterine wall early. While a serious condition, in the vast majority of cases, this condition can be dealt with without severe harm to the child. However, time is of the essence in these cases.

The family in this case argues that the timely care was not provided. The main problem was that the doctor leading the effort used faulty equipment to reach incorrect conclusions about the child’s condition. In particular, our Illinois brain injury lawyers were shocked to read that the doctor did not detect a heartbeat when he performed an ultrasound on the child, and so he assumed that the child was dead. He even told the child’s mother that the baby was not alive.

However, when an ultrasound technician came into the hospital and checked the analysis, the technician determined that the reading was in error. Instead, the child was actually alive. However, because of the mistakes, the child had been struggling in the womb without attention for an hour and twenty minutes. When the mistake was uncovered an emergency C-section was performed. However, the delay had led to significant injuries. In particular, the child’s brain was injured. He now suffers from severe spastic quadriplegic cerebral palsy.

At the trial following the incident, it was uncovered the machine which the doctor used to perform the ultrasound may have been faulty. Evidence was presented that the machine had not been serviced even a single time in the last decade. That was the case even though the machine’s manual explicitly stated that it needed annual maintenance. This negligence likely prevented the machine from working as intended in this case. The result was delayed care which had life-altering consequences for this boy.

Our Chicago brain injury lawyers have worked with many families whose children have developed brain injuries during birth that should have been prevented. Illinois cerebral palsy lawsuits are probably the most common suit of this nature, involving children who have brain development problems because of preventable conduct during their birth. These injuries are heart-breaking, and the families deserve full redress for the losses that their youngsters will face for the rest of their life as a result.

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