Medical Malpractice and Personal Injury Law Blog

Multimillion Settlement for Georgia Baby's Brain Damage

Posted by Briggs Bedigian | Jan 30, 2020 | 0 Comments

A Georgia medical malpractice lawsuit for a severe birth injury that resulted in significant brain damage to the infant son of an Army veteran has settled out of court for $3.55 million. The suit alleged that the medical staff responsible for delivering an infant failed to notice that the baby was in fetal distress, which resulted in severe brain damage.

According to the lawsuit, the mother, Sherecia Willis, was stationed at Fort Gordon, a U.S. Army installation located southwest of Augusta, Georgia when she gave birth to a son identified as “C.W.” She gave birth at local Trinity hospital, which Dwight D. Eisenhower Army Medical Center had contracted with to deliver babies.

C.W. was born with extensive and permanent brain damage. According to the complaint, the boy suffered fetal injuries leading to decreased oxygen and blood flow before his birth. His mother filed a medical malpractice suit against multiple defendants, including the hospital system, the physicians involved, and the United States. The suit settled out of court for a sum of $3.55 million—an amount that both sides sought to keep private, but a judge disagreed. After the payment of legal fees are, the majority (90%) of the settlement will go into a trust for C.W.'s necessary life-long care.

Fetal Brain Damage

The medical interventions that have been developed to assist in the birthing process have dramatically decreased mortality rates for both infants and mothers. However, it is critical that when one of these interventions is necessary, it is performed in a timely manner. Failure to do so can be incredibly damaging. 

Hypoxia is a condition where the brain is deprived of oxygen. As an infant is being born, maintaining a consistent flow of oxygen to the baby's brain is essential. If a complication arises, it is critical that the complication is properly diagnosed by the medical team in a timely manner, that the proper intervention to treat the complication is identified, and that this intervention is performed in a timely and safe manner. Failure to do any of the above may result in a lack of oxygen to an infant's brain. A lack of oxygen can result in serious brain damage and lead to conditions such as cerebral palsy, which includes many types of conditions that affect motor skills and movement control. Nearly 10,000 babies born each year in the U.S. will develop cerebral palsy, meaning that two to three children out of 1,000 are diagnosed with the condition.

Fighting for Birth Injury Victims

Birth injuries can be incredibly traumatic. An infant born with a serious injury can face an incredibly tough road, and families can be facing a future that involves costly and constant medical intervention. Unfortunately, this Georgia case demonstrates that such injuries can be the result of medical negligence. If your family is dealing with the fallout from a birth-related injury to baby or mother, contact our firm today. Our trial attorneys have extensive experience fighting for the rights of victims of medical malpractice and getting the compensation necessary to move forward.

About the Author

Briggs Bedigian

H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm's litigation practice.  Briggs' legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 

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