An Army veteran has settled her claims against medical providers who delivered her child while on active duty in another state. The child suffered major brain damage during the childbirth.
The attorney for the woman said that the recovery, which came to $10.2 million, will go to pay the child’s medical bills and will also cover expenses for the child’s ongoing care.
The allegation against the medical providers was a delay in responding even though the child was showing signs that it was not tolerating labor and delivery well. For example, two hours elapsed between the time the doctor first examined the patient and the child’s birth.
Reportedly, it took the doctor over 20 minutes to change into surgical garb even though the baby was in a life-threatening situation.
On behalf of her child, the woman sued the private hospital and civilian physicians, and they settled the claim against them for $3.55 million.
The woman also sued the federal government under the Federal Tort Claims Act since the Army had contracted with her civilian medical team who provided her the allegedly negligent care. The government paid out a $6.67 million settlement.
Aside from reminding people that victims of birth injuries in the Harrisburg and Philadelphia areas may have the option to pursue compensation, this story also serves as a useful reminder that in some cases, there may be a viable claim against the state, local, or federal government.
In these circumstances, it is important for victims to remember that special rules and deadlines, like those in the Federal Tort Claims Act, may apply to their situation. Victims will need to be familiar with these rules if they want to be able to preserve their legal claims against all those responsible for the child’s injury.