Childbirth Lawsuit – $23.8M Settlement
In 1996, Julia McLaughlin was born at Massachusetts General Hospital. Maria McLaughlin, Julia’s mother, had a less than perfect delivery; her daughter was born suffering from large amounts of bruising on her head as well as bleeding in the tissue surrounding her brain causing cerebral palsy. Maria had undergone a normal and healthy pregnancy with no indicators her child would be born anything other than healthy. However, neither of Maria’s obstetricians, Mary Castro and Alessandra Peccei, paid close attention to her throughout her 17 hours of labor.
The two doctors initially didn’t realize Julia’s head was tipped at the wrong angle making it impossible to fit through Maria’s pelvis. They then neglected to inform her they were pulling her baby out using a tool known as a vacuum extractor, which has a high risk of brain damage for the child. They failed to discuss this new development with the parents or receive their permission to proceed with the extractor.
Maria and her husband Kevin recounted their experience at Mass. General stating they received a very low level of attention. There were no records or notes stating any of the complications of delivery. Maria recalls feeling very overwhelmed and uninformed saying, “[Castro] basically came in and said we’ve got to get this baby out. The atmosphere was very intense. There was no discussion of the risks from suction or the alternatives.” However, the suction did not work even after 5 attempted tries. Eventually, Maria was able to push Julia out, who was initially unresponsive.
In 1998, Maria McLaughlin filed a lawsuit in hopes of receiving some compensation for her now disabled daughter and her medical needs. As of 2004, Julia at age 9 required an aide present with her at all times during the school day as well as special instruction and therapy throughout the day. She could only walk short distances with the aid of her braces, otherwise, she needed a stroller. The case took a bit of time for lawyers to prove Castro and Peccei’s negligence caused Julia’s cerebral palsy as doctors were unaware of what caused the chronic condition in most patients.
The hospital defended Castro and Peccei stating that Julia’s disability had nothing to do with the complications during her delivery. Mass. General released a statement saying, “’despite the best efforts of providers, complications sometimes can arise during pregnancy, and tragically, not all outcomes are perfect. In this case, the physicians worked very hard to manage what was an extraordinarily complex and difficult situation. “
Finally, in 2004, the verdict came back. It only took 4 hours for the jury to reach their decision. The McLaughlin’s received $12.9 million in damages and $10.9 million in interest since they filed their suit in 1998. Maria stated, ”It’s not going to change my life. It takes the financial burden off of Julia so she is going to be taken care of. That’s what we needed. “
If your child has a condition such as cerebral palsy, developmental delays, or Erb’s palsy that you believe may be the result of a birth injury, contact a birth injury lawyer as soon as possible. A birth injury lawyer in Cleveland, OH will be the best resource for determining if your child’s condition will result in a valid malpractice lawsuit. You may be eligible for compensation on behalf of your birth-injured child.
Thanks to Mishkind Kulwicki Law Co. for their insight into medical malpractice and birth injuries.