Brain Injury Caused by Medical Malpractice During Birth

Murphy, Falcon & Murphy represented a family in an action against their obstetrician and hospital after their son suffered severe, life-altering injuries during delivery. Nine days prior to their son’s birth, the mother began to recognize decreased fetal movement and, alarmed by the change, she immediately went to see her doctor. Tests were done to determine the baby’s well-being and, though the results showed signs of distress, no action was taken. Over the next nine days, she saw her doctor three times and each time complained that the baby was not moving as much as he had been moving in the past. Each time her concerns were dismissed.

Finally, her overwhelming concern brought her to the hospital, where she was placed on a fetal heart monitor and it was immediately determined that the baby was in distress. However, rather than perform a timely caesarean section, the baby was allowed to remain in distress for 4 ½ hours prior to the delivery.

Murphy, Falcon & Murphy sought to find a way to help this family, whose son was born with a profound brain injury causing blindness and seizures. He will never be able to walk, see, speak or perform any of the activities of daily living. He requires full 24-hour care, 7 days a week. Our team of attorneys helped this family secure a settlement of $4 million.