Birth Injury Lawsuit Leads to $1.3M Settlement
On July 20th, a jury awarded the Ascher family of Cedar Falls, Iowa $1.314 million for birth injuries their daughter sustained during a poorly performed delivery.
Excessive force put upon child’s shoulder during delivery
The Asher family claims that while delivering the baby in 2006, Dr. Anthony Onuigbo of OB-GYN Specialists, the on-call OBGYN, should have recognized the baby’s shoulder was stuck. Instead of recognizing the problem and recommending a caesarian section or freeing the shoulder, Onuigbo went ahead with the delivery, using “excessive traction” to free the child. Moments after birth, injuries to the left arm become apparent.
As a result of this bungled delivery, the girl has permanent injuries to the brachial plexus, which is a network of nerves that start in the spinal cord and control movements in the shoulder, arm, and hand. These injuries are most common after playing sports, or during childbirth. They often leave the arm without any function at all. In the Asher family case, their daughter has limited use of her left arm.
Breaking down the damages related to the damaged arm
The birth injury trial ended in a large settlement which was totaled at $1.317 million, covering $550,000 for loss of future earnings, $380,000 for loss of full mind and body; $258,000 for pain and suffering, and $63,000 for each parent for loss of childhood consortium.