We have often discussed birth injuries and how they can have a devastating effect on the baby and the family members. That is often the driving force when people opt to seek compensation for those birth injuries. One mother who has been fighting for compensation for her son has reached a settlement with the hospital who is liable for the boy's injuries.
The case began in 2007 when the boy suffered a brain injury during birth. Since then, the boy has required persistent care. The $17.5 million settlement comes a few months after a jury had awarded the complainant $18.27 million. The complainant, who is the boy's mother filing a lawsuit on his behalf, agreed to the reduction in the award in exchange for the hospital agreeing to not appeal to the Kentucky Court of Appeals.
In this case, the doctor who was caring for the woman and baby during the delivery was cleared of liability by the jury. The hospital, however, was found negligent by failing to maintain the standard of care in the boy's case, so it is up to the hospital to pay the settlement.
The $17.5 million settlement is meant to cover a variety of aspects of care for the boy. His medical expenses to date and those he will incur in the future, his pain and suffering, mental anguish and his impaired ability to earn money are all factored into the settlement.
This case should give hope to those who are fighting for compensation after a birth injury. Knowing how to proceed with these types of cases can be difficult, but following through might end in a successful claim for compensation.
Source: Bowling Green Daily News, "Barren malpractice case settles for $17.4 million" Justin Story, Feb. 04, 2015