Baby Dropped During Delivery

The Eisen Law Firm Case Facts

Baby A’s parents decided to have the delivery of their child at a top-notch world renown hospital in Ohio. Unfortunately, during delivery, Baby A slipped through the hands of the resident obstetrician and landed on the floor. Baby A’s umbilical cord tore, and she was bleeding from her navel. The delivery team whisked Baby A away to the NICU where a full skeletal survey and CT of Baby A’s head were performed. Thankfully, they revealed no serious damage.

Baby A underwent surgical repair of her umbilical cord, and she spent two days in the NICU before being discharged to home with her parents. Since then, Baby A has been evaluated by various specialty physicians, including pediatric surgery, neurology, GI, and neuromusculoskeletal. Other than difficulty with bowel movements/constipation, she appeared to be doing relatively well. Her parents, on the other hand, were not doing well.

The Eisen Law Firm - Case Investigation and Preparation

Baby A’s parents contacted The Eisen Law Firm to represent their family in the investigation of potential medical negligence and other personal injury claims soon after Baby A was born.

Todd Gurney, lead attorney for The Eisen Law Firm, began by obtaining and reviewing the medical records from the delivery, as well as the subsequent care and treatment. The records confirmed that Baby A was dropped on the floor in the delivery room, just as her parents had described. It became readily apparent that the focus of this case would not be on the breach of the standard of care, but the extent of the injuries and damages suffered by Baby A and her parents. With that in mind, Mr. Gurney had to determine what injuries Baby A and her parents had suffered, whether they were caused by the fall, and whether they are permanent and substantial. In addition, Mr. Gurney had to determine when to file suit, as the potential claims for Baby A and her parents have different statutes of limitations.

Baby A’s claims, and her parents’ claims for loss of consortium, would be based on the extent of Baby A’s injuries. Since Baby A was only one year old, it was premature to determine the extent of her injuries. Because the statute of limitations for injuries to a minor does not begin to run until the child turns 18 years old, Baby A’s claims did not need to be filed right away.

However, the parents had separate claims for negligent infliction of emotional distress, and the statute of limitations for those claims is only one year. Therefore, Mr. Gurney had to file suit for those claims within one year of Baby A’s delivery, or else they would be forever barred.

Baby A’s parents had a vivid recollection of what happened in the delivery room.This horrific incident replayed in their minds all the time. They thought about it every single day. They constantly worried about all the different ways it affects Baby A now, in addition to how it might impact the rest of her life. When Baby A cried, they were not sure if she was hungry, tired, or in severe pain from an internal injury that was not yet diagnosed. When Baby A wasn’t sleeping well, they wondered whether it was because of some injury or problem they didn’t even know about yet. Whenever anything happened to Baby A, they immediately feared the worst. They were living in a constant state of significant and serious emotional distress. Indeed, both parents were diagnosed with Post-Traumatic Stress Disorder. These claims were significant and warranted the filing of a separate lawsuit.

The Eisen Law Firm - Case Litigation

After Mr. Gurney filed suit for the parents’ claims of negligent infliction of emotional distress, comprehensive written discovery requests were exchanged, and depositions of the parties and key witnesses were scheduled. After Baby A’s parents were deposed, but before the depositions of the Defendants proceeded, the parties agreed to retain a private mediator to try to resolve the parents’ claims. A settlement was not reached at the mediation, but the parties continued to work toward a resolution for weeks thereafter. Ultimately, a confidential settlement was reached for all the parents’ claims.

By the time Baby A turned two years old, her parents and Mr. Gurney were confident that she would not require significant future treatment for the injuries incurred as a result of the fall in the delivery room. Therefore, Mr. Gurney and Baby A’s parents decided that it was the right time to bring Baby A’s claims. Before expending more money on litigation, however, Mr. Gurney approached the defendant-hospital about a potential pre-suit resolution.

The Eisen Law Firm - Negotiations and Proposed Settlement

Since all parties already had a strong understanding of the medical and legal issues involved in the case, it was not necessary to retain a private mediator. Instead, the parties were able to negotiate a confidential settlement for Baby A’s claims.

In this particular case, understanding the medicine was easy: babies should never be dropped during delivery. Ever.

However, understanding the potential legal claims was much more difficult. This is why Baby A’s parents enlisted our help. Only a seasoned medical negligence attorney should be trusted to handle these types of claims. One wrong step and the case may get thrown out.

At The Eisen Law Firm, Medical Malpractice and Birth Injury cases is all we do. We have years of experience in handling the toughest cases. In fact, this is not our first “dropped baby” case. We truly hope the hospital learns from this tragic, preventable mistake, and this never happens to anyone else.