Birth injures happen in nearly 7 out of every 1,000 births. Though they’re relatively rare, significant and permanent injuries can result in costly medical bills, much-needed home renovations, and can impact your child’s ability to live a normal and healthy life. Taking legal action against the medical care team responsible, with help from a Pennsylvania birth injury attorney, can help you recover damages to offset those costs.
Pennsylvania courts are no stranger to hearing these cases, and they’ve reached notable verdicts in the last five years.
$207.6 Million Settlement in 2024
In January 2024, Judge Gwendolyn N. Bright at the Philadelphia County Court of Common Pleas awarded a record-breaking $207.6 million settlement to a family after hearing their birth injury case. The case alleged that the Hospital of the University of Pennsylvania caused severe brain injuries during delivery that ultimately resulted in the child developing cerebral palsy.
The family was initially offered a settlement of $183 million, but that amount was increased to $207.6 million after the court rejected the hospital’s request for a retrial. To date, this is the highest settlement for a birth injury case in Pennsylvania.
$78.4 Million Settlement in 2021
In 2021, a Pennsylvania family alleged that the Pottstown Memorial Medical Center caused their child to develop quadriplegic cerebral palsy as a result of a delayed delivery. The delay caused oxygen deprivation leading to the condition. The court awarded the family $78.4 million, including $65 million for future damages including ongoing medical expenses the family will face.
Settlements Aren’t Guaranteed
These are two of the most notable settlements in recent memory. The size of the settlement in each case is designed to adequately compensate the family to help them cover both past and future medical costs as well as pain and suffering experienced as a result of the birth injury.
However, it’s important to note that your case may not result in a settlement that’s this large. Every case is unique, and the court won’t arbitrarily award millions of dollars unless it’s clear that the case deserves it.
The Court Will Consider the Whole Picture
Ultimately, the court will hear testimony from both sides: the family and the hospital/medical care team. They’ll use this information to determine if the birth injury resulted from a violation of the duty of care owed by the medical care team. If they find that the medical care provider errored in some way or operated in a manner that threatened the safety of the child or the mother, they may award a settlement.
Get Help as Soon as You Know About the Injury
It’s a good idea to seek legal advice from a Pennsylvania birth injury attorney as soon as you learn about the birth injury. Under Pennsylvania state law, families have two years from the date of the discovery of the injury to bring a lawsuit against the medical care team and individuals suffering from birth injuries can file a lawsuit up to two years after they turn 18 years old.
Your attorney will be able to help you investigate the actions of the medical care team and can help you figure out if medical negligence caused the injury. If you choose to do so, your attorney can also represent you in a lawsuit against the medical care team responsible for the birth injury.
Schedule a Consultation Today
If your medical care team’s actions caused a birth injury during labor, birth, or shortly thereafter, and that injury resulted in severe and permanent damage to you or your child don’t wait. Contact the team at Latona Law and schedule a free consultation. Our team will review your case and help you better understand your options.