$2,750,000 Settlement for Failure to Perform Timely C-Section, Birth Injury Case

Lawyer Kenneth Berkowitz of the New Jersey law firm Blume Forte obtained a 2.75 million dollar settlement in a birth injury case involving an infant who suffered brain damage causing spastic quadriparesis after a hypoxic injury (lack of oxygen) during labor and delivery.

When the infant’s mother arrived at the hospital, she had irregular contractions and spontaneous membrane rupture. The mother had a C-Section for a prior birth, and so, this was termed a VBAC, or vaginal birth after C-section, for which she agreed to a trial of labor. The obstetrician determined it was necessary to carry out a C-Section after more than 15 hours of non-progression in labor.

During the New Jersey birth injury case, the plaintiffs did not argue that the trial of VBAC labor was inadvisable. Instead, the plaintiffs claimed that the fetal monitoring strips indicated fetal distress, necessitating the earlier performance of an emergency C-Section. The mother’s uterus ruptured during the labor along the C-Section incision that was made during the prior birth. The infant was taken to another area hospital with diagnosis of asphyxia, anoxic seizure disorder and respiratory failure. The claim was rejected by other plaintiffs’ attorneys before the client came to Blume Forte.

Medical malpractice cases involving birth injuries are complex, requiring both legal and medical knowledge and extensive resources to successfully handle such cases. The birth injury attorneys in New Jersey at Blume Forte have been securing recoveries for clients with viable birth injury claims for decades. Call us at 973-635-5400 for a no-cost consultation.

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