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A Wisconsin mother settled a birth injury case with the federal government for $18.2 million after receiving horrific care from the former Sinai-Samaritan Hospital in Milwaukee that caused her daughter to suffer severe and permanent brain injuries.

An all around lack of care

Jacqueline Lugo went to the former Sinai-Samaritan Hospital in Milwaukee to deliver her baby in 1998. Although she was at a high risk for complications due to gestational diabetes and had a history of delivering large babies, she was not referred to specialists at the hospital. Her care was administered by a family practice doctor and nurse midwifes.

On top of that, she was left unattended at the hospital for more than 12 hours – even though she was close to labor. Then, during the birth, the baby was stuck in the birth canal for more than twenty minutes and suffered severe brain damage due to a lack of oxygen. She sued the federal government as the care she had received was funded through the federally funded through a program for the poor. She settled her case for $18.2 million, but most of that money will go towards the future medical expenses of her daughter who is now ten years old.

What is a birth injury?

A birth injury occurs when a child is profoundly injured or dies at birth due to medical negligence. As any parent who has experienced a birth injury knows, the emotional aspects are simply overwhelming. Birth injury cases tend to be the most complex types of medical negligence cases around and often require a variety of experts to analyze medical records, create life plans and determine how the injury occurred.

Who can make a claim?

A birth injury claim can be made on behalf of the minor by the parents or guardian of the child. In certain states, such as California, parents or guardians could also bring a claim for negligent infliction of emotional distress if they observed the negligence occurring and appreciated it – although that can sometimes be difficult to prove in court. Statutes of limitation vary in these cases, so parents or guardians are urged to contact an attorney as soon as possible to make sure that they aren’t barred from bring a lawsuit.

If your child was profoundly injured or died as the result of medical negligence, contact an attorney whose practice focuses in this area of law for help. To contact an experienced attorney near you, please click here.