A family in another state can breathe a little easier now that they have won a medical malpractice lawsuit they have been working on for years. In 2007, one of their children suffered a birth-related injury that left him needing round-the-clock care. This event changed their lives forever and affected the child’s quality of life. Oregon families who have found themselves in the same position know and understand what this family has been through over the years and can find hope in their story.
On Aug. 19, 2007, a mother and father went to the hospital to deliver twins. They ended up with one healthy baby and one with breathing issues. Nurses utilized oxygen to try and help the child, but after about 30 minutes of no positive results, he was intubated and placed on a ventilator. While on the ventilator, he had three seizures due to low oxygen levels and high levels of acid build-up in his body. All of this contributed to a significant brain injury and, ultimately, a diagnosis of cerebral palsy — among other health issues.
The parents claim that nurses used a technique to deliver oxygen that is not the standard protocol when an infant is struggling to breathe. They claim their child was left unattended and unable to breathe for several minutes. They also so nursing staff failed to call the on-call pediatrician in a timely manner. The jury found their claims valid and awarded them nearly $35 million for past and future medical expenses and earnings losses. It is unclear if the defendants plan to appeal.
Success is possible
This story shows that a birth injury lawsuit can be successful. It shows that medical providers can be held accountable for their actions. It shows that the courts see and hear families who have suffered significant losses due to medical negligence. Oregon residents who believe their stories should be heard, and their family’s losses compensated following birth-related injuries, can turn to an experienced attorney for assistance pursuing relief through legal means.