After years of fighting for justice, a Pennsylvania family will finally be receiving the $41 million that they were awarded in 2016.
$41 Million Awarded To Family Of Child With Brain Injury
The initial lawsuit was filed after the parents of a newborn boy discovered that the actions his doctor took during his birth caused him permanent harm.
The legal complaint alleged that in February 2012, the mother of the child went into labor. She went to Keystone Women’s Health Center in Harrisburg to deliver her child and Dr. Thomas Orndorf was her doctor. During the delivery, Dr. Orndorf made the decision to use forceps.
At this point during the delivery, there was no real need to use forceps because the mother was only a short time into labor. She had only felt the need to “push” once and the baby was not in distress. However, Dr. Orndorf used the forceps and applied an extreme amount of force, aggressively pulling the child from his mother’s womb.
The force applied by the doctor caused the babies skull to fracture and his cerebellum was damaged.
Today, at age 6, the child is unable to express himself, read, write, and will likely need to be confined to a motorized wheelchair as he ages. His doctors have told his parents that by age 22 he will likely need to be institutionalized because of his aggressive outbursts. He will never be able to care for himself.
The initial ruling was intended to provide the family with the monetary compensation needed to pay for the required care the child will need throughout his life. However, the hospital appealed the verdict and the fight continued for several more years.
Thankfully, in April, U.S. District Judge Sylvia H. Rambo sided with the family and ordered the federal government, which runs the hospital, to pay.
Traumatic Brain Injury Common During Birth
Our lawyers would love to say that the situation this family experienced isn’t a common one, however, traumatic brain injuries occur with shocking frequency during labor and delivery. These injuries typically occur for two reasons:
- Forceps, vacuums, or other tools are used inappropriately.
- The child is deprived of oxygen.
A brain injury can alter an otherwise healthy child’s future entirely. Over a lifetime, medical care may cost millions of dollars – money that most families simply do not have. This is why the law allows the parents of a child with a birth injury to take legal action against those responsible.
Common Birth Injuries
Brain injuries aren’t the only common birth injuries. Newborns are often diagnosed with:
- Erb’s Palsy
- Broken Bones
- Brachial Plexus Injuries
- Lacerations
When your child has been hurt because of another person’s carelessness it’s normal to want to seek justice. With Schuster Law by your side, you can do just that.
Medical Malpractice Lawyers Serving Pennsvylania
If you suspect that a medical professional made a mistake which resulted in harm to you or a loved one, contact our legal team for a free consultation. We will review your case, determine who was at fault and explain all legal options available to you.
Our goal is to recover the maximum amount possible in each case so that our clients can use this amount to build a brighter and happier future. Our lawyers are prepared to do this through either a careful negotiation and a settlement or through fighting aggressively in court for a successful verdict.
Throughout the legal process, we strive to make sure our clients are happy with the services they are receiving and we provide regular updates.
Contact us today to learn more about our team, our past successes, and how we can assist you during this difficult time.
