Birth Injury Malpractice Archives - Page 2 of 7

Virginia Appellate Court Orders New Trial For Refusal To Instruct Medical Malpractice Jury As To Superseding Cause In Cesarean Delivery Without Anesthesia Case

November 22, 2025

Elizabeth Bandy was admitted to Reston Hospital Center on August 13, 2021, for an induced delivery of her first child. Her regular physician recommended they induce her labor because she was past her due date. On Sunday, August 15, 2021, as Ms. Bandy’s labor progressed, Dr. Mirza Baig, the only an[...]

$3.3M Virginia Medical Malpractice Verdict For Brachial Plexus Injury During Childbirth

November 5, 2025

On February 26, 2025, a Virginia birth injury medical malpractice jury returned its verdict in the amount of $3.3 million for a baby who experienced shoulder dystocia followed by brachial plexus injuries during his birth at 39 weeks, on April 12, 2019. During labor, the baby’s heart rate showed re[...]

Federal Appellate Court Affirms Medical Malpractice Lawsuit Filed Too Late Under Federal Tort Claims Act

October 31, 2025

On July 26, 2016, Melissa Allen suffered multiple seizures at her home. She was brought to Lowell General Hospital (“LGH”) emergency room and later admitted to the hospital. The hospital staff determined that Allen was seven months pregnant and suffering from severe hypertension. Dr. Roc[...]

Colorado Supreme Court Holds Prefiling Interest Accruing On Economic Damages Falls Within Good Cause Exception To $1M Cap In Medical Malpractice Case

October 25, 2025

Colorado’s Heath Care Availability Act (“HCAA”) generally imposes a $1 million limit on medical malpractice damages awards. § 13-64-302, C.R.S. (2024). But the HCAA also provides an exception: in cases where good cause is shown, courts may find that applying the cap would be unfai[...]

Pennsylvania Appellate Court Holds Release In Underlying Medical Malpractice Case Also Released Claims Of Fraudulent Inducement

October 10, 2025

On April 18, 2008, Sean and Amy West (the Wests) filed a medical malpractice action claiming damages due to the mismanagement of Amy West’s labor and delivery resulting in the rupture of her uterus and catastrophic brain injuries to her child, Juliana West. A jury trial commenced on January 8, 201[...]

Mississippi Declares Public Health Emergency On Infant Mortality

October 4, 2025

On August 21, 2025, the Mississippi State Department of Health (MSDH) declared a public health emergency in response to rising infant mortality rates across the state. Mississippi’s 2024 data shows the overall infant mortality rate has increased to 9.7 deaths per 1,000 live births, which is th[...]

North Carolina Appellate Court Upholds Cap On Noneconomic Damages In Birth Injury Medical Malpractice Case

October 3, 2025

Plaintiff became pregnant in late 2018 and desired to give birth in her home. She put herself in the care of Dr. Hayes, who specialized in home deliveries. Dr. Hayes assured Plaintiff “he would be able to immediately transfer [her] to a physician specializing in high-risk pregnancies or to the hos[...]

Minnesota Appellate Court Rules Medical Malpractice Experts’ Differential Diagnosis Methodology Failed To Rule Out Other Causes Of Infant’s Injury

September 2, 2025

Shortly after he was born in May 2013, an echocardiogram revealed that Antonio Ray Seals Jr. (Seals) had a number of medical complications. These included a patent foramen ovale (PFO) with a left to right shunt—a hole in Seals’s heart. Seals also had a congenital diaphragmatic hernia (CDH), whic[...]

Pennsylvania Appellate Court Affirms $207M Birth Injury Medical Malpractice Verdict Against Pennsylvania Hospital

August 31, 2025

During the early morning hours of February 22, 2018, then nineteen years old D.H. was pregnant with her first baby, J.H. when her water broke. Around 11:30 a.m. D.H. was transported by ambulance to the Hospital of the University of Pennsylvania (“HUP”). Within three hours of arrival, the baby wa[...]

Texas Birth Injury Malpractice Lawsuit Challenges Damages Cap

August 29, 2025

A couple from Waco, Texas has filed a Texas birth injury medical malpractice lawsuit that also challenges the cap on medical malpractice damages in Texas. The medical malpractice lawsuit alleges: “The staff at Ascension Providence Hospital was negligent in failing to adequately respond with in[...]

$5.6M Philadelphia Birth Injury, Invasion Of Privacy Medical Malpractice Verdict

August 28, 2025

On June 27, 2025, a Philadelphia medical malpractice jury returned its verdict in the amount of $5.6 million for the family of a baby who suffered a catastrophic brain injury during birth resulting in near blindness. The family claimed that the medical staff attending to the mother during labor and [...]

Georgia Appellate Court Affirms $10.5 Medical Malpractice Verdict For Death Of Twins During Birth

August 16, 2025

In April 2019, Dinesha Robinson was nearly five months’ pregnant with twins. Her pregnancy was high-risk, due to a prior miscarriage and preeclampsia, and she had been treated twice in the previous three weeks for a urinary tract infection (“UTI”) by United Obstetrics and Gynecology (“UOG”[...]

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Category: Birth Injury Malpractice