Brain Damage

WRSH Partner, Phil Russotti, obtained a $6 million settlement for our client whose child suffered severe brain damage during birth. The defendants negligently permitted the mother to deliver vaginally after a C section (VBAC) which resulted in rupturing her uterus and requiring an emergency C section. We proved that this procedure should not have been allowed since the mother had delivered by C section just 16 months earlier, had never had a vaginal delivery and the infant weighed greater then 4,000 grams.

As a result, the mother's uterus ruptured and the baby was expelled from her uterus, detaching the placenta from the uterine wall causing severe hypoxia. The infant sustained significant brain damage resulting in mental retardation, severe hypoxia and cerebral palsy. The infant has to be fed by a gastrotomy tube and has a significantly shortened life expectancy.

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