Recently, a birth injury case was settled for $1.85 million. In this case, the mother had an agreement to give birth using a midwife. However, the birth took place at a Manhattan Hospital with a resident in the delivery room. At the hospital, during the delivery, the midwife discovered meconium and that the umbilical cord was too tight.
Meconium is the earliest discharge that an infant excretes and usually is not discharged until after birth. If meconium is discharged during birth it is a sign of fetal distress.
The court papers alleged that even though the midwife made these observations a pediatrician did not examine the infant until fifteen minutes after birth. Further, the court papers allege that the Apgar test at one minute was at 0 and the Agers test at five minutes was at 0. The Apgar test is given to an infant one-minute and five minutes after birth and tests the infant’s appearance, pulse, grimace, activity and respiration.
Usually, a healthy infant will receive a score of seven or higher. Additionally, the court papers alleged that despite the poor Apgar score the hospital staff did not administer respiratory measures quickly enough.
These three allegations the plaintiff’s argued in the court papers caused to the infant to have cerebral palsy. Cerebral palsy is a developmental disorder that causes physical disability. Cerebral palsy is a serious disorder and will cause this young child to have medical problems their whole life. This settlement will go a long way in helping this child in life.
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