In January 2020, a U.S. district judge in Tennessee awarded a $15 million settlement to a teenage boy and his family for brain injuries he suffered during his birth at a Fort Campbell Army hospital. The brain injuries the now-15-year-old suffered during birth caused cerebral palsy and other neurological conditions. He is confined to a wheelchair, is nonverbal, and suffers from seizures.
Mother's Medical History Ignored
During Army veteran Kelly Wilson's first pregnancy, she suffered from placental insufficiency, which means that her placenta did not provide enough oxygen to her fetus. As a result, she had to have a cesarean section to deliver her baby.
Her second child, the one at the heart of this lawsuit, was born less than a year after her first child. That alone increased her risk of having a failed VBAC, also known as vaginal birth after cesarean. According to the lawsuit, the medical professionals at Blanchfield Army Community Hospital failed to counsel Wilson about VBAC given her history, and they failed to classify her as a high-risk patient.
Because she was not warned of the risks she faced, Wilson attempted a VBAC with her second child. During that delivery, her son suffered a hypoxic-ischemic brain injury, which left him with his current medical issues. He will deal with these issues for the rest of his life.
According to a statement released by the family,
if (Wilson) had undergone a caesarean section, as indicated by her medical history, the fetus would not have suffered any injuries.
Wilson has also stated that she went into the hospital with a normal, healthy fetus and his injuries should have never have happened.
The settlement will cover damages for her son's future medical care, lost earnings, suffering, past loss enjoyment of life, and permanent impairment. Wilson said,
My son has waited so long for justice.
Birth Injury Attorneys
When medical professionals fail to warn a mother of the risks she faces because of her previous birth history, especially when she suffered complications, the outcome can be life-altering. If your child has suffered serious injuries during birth, contact us today to schedule a free consultation. Our law firm is committed to provide excellent advocacy for child medical malpractice victims and their families.