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Developmental Delays From A Birth Injury

B.A was a young mother who was expecting her second child with boyfriend, J.B. B.A.’s first pregnancy had been uneventful and her second pregnancy seemingly was following the same successful path.

On December 30, B.A. went in for a clinic check-up after noticing that her underwear was wet. A mid-wife at the clinic determined that she was fine and B.A. was sent home.

On January 1, the leaking that B.A. had experienced two days prior became worse, and she began experiencing irregular abdominal pain and contractions. She and J.B. quickly went to the hospital where several tests were run, including a urinalysis and an amniotic fluid check with a greenish-blue result. She was also put on a fetal monitor that determined that at that time, the baby’s heart rate was normal. B.A. was then examined for dilation.

Approximately 12 hours later, B.A. was induced after being dilated at 10 centimeters. She began pushing with the nurse for 2 hours. In the middle of the labor and delivery process, the doctor came in and asked the nurse if an emergency C-section was necessary. The nurse replied that everything was fine and that the baby was already crowning. The doctor left the room.

Towards the end of labor and delivery, B.A.’s heart rate dropped and she was placed on oxygen. The baby’s heart rate also dropped. B.A. began to black out as the nurse began to push down on her stomach and diaphragm. The nurse reached inside B.A. with her bare hands and pulled the baby out.

Baby J. weighed 7 pounds, 11 ounces upon delivery and was not breathing. His heart rate was over 100 beats per minute, and he was blue. After 10 minutes had passed, J. began breathing and having seizures. The doctor came into the room right after the baby was delivered and removed the placenta, which contained no abnormalities or knots in the cord.

The doctor explained the complications to J.B. and a neonatologist expressed that he did not think that the baby would survive. Baby J. was airlifted to another hospital’s NICU where he did survive and was under the care of a team of doctors that included a neurologist, who would continuously evaluate him with EEG and MRI tests.

After a year and a half of treatment and consistent tests, baby J. was diagnosed with cerebral palsy. He was unable to perform basic movements such as standing up, balancing himself, walking, talking (other than verbal sounds) and speech beyond the words “momma” or “dada”. Baby J. could not reach out or extend his right arm, hand, or leg fully, and he struggled with extreme muscle tightening all over his body.

Baby J.’s case was taken to trial, and a jury awarded him and his parents $2.8 million to plan a future for him that would allow him to progressively improve his condition.

Today, baby J. is cared for lovingly by his parents and regularly attends physical, speech, and occupational therapy. His condition has improved significantly since his birth, and with the help of the money awarded by the jury, his family has been able to provide him an improved quality of life.