A U. S District Court judge has approved an $18.2 million settlement for a Milwaukee family whose daughter was brain damaged from birthing complications at a community health center funded by the federal government.
The child was born at the clinic in 1998 and, apparently, was stuck in the birth canal for more than 20 minutes. As the result of a lack of oxygen, she sustained a severe brain injury and will, most likely, need lifetime assistance.
The child’s attorney, Euel Kinsey, said that the “award would assist the family in putting the pieces of their life back together” and provide for “continuing care” for the child. The government denied negligence (but paid $18.2 million anyway, go figure).
The incident that resulted in this birth trauma, hospital negligence, litigation, occurred when a clinic physician advised the expectant mother to go to a Milwaukee hospital for drug treatments that would induce birth with shortened labor. She went to the hospital, where hospital nurses managed her drug treatment while maintaining phone contact with nurses from the clinic. The baby became stuck in the birth canal. It took nurses several minutes to dislodge her. As the result of oxygen deprivation, she developed severe cerebral palsy and seizure disorder.
This is a tragic set of circumstances. The settlement is substantial, but so is lifetime care for a severely brain damaged child. Euel Kinsey is a well know Michigan attorney who specializes in these types of cases and I compliment him for the superlative job he did for his clients and for his long term contribution to justice for all victims of negligence.
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