Georgia Court Awards $30.5 Million Verdict in Birth Brain Injury Case

Earlier this month a Georgia court awarded a verdict of just over $30.5 million to a mother and her baby who was born severely brain damaged due to the negligent management of her delivery, reports prnewswire.com. According to prnewswire.com, the baby’s mother filed the personal injury lawsuit after her baby was born with a severe hypoxic ischemic brain injury, spastic quadriplegic cerebral palsy, a seizure disorder, and developmental delays. The lawsuit alleged that the medical center where the baby was born and several doctors who assisted with the labor and delivery acted negligently while providing medical care to the mother and therefore should be held liable for the baby’s resulting brain injuries. The court found that the mother received medical care that was below the acceptable standard of care and awarded $3.5 million to the mother and $27 million to the baby.

The law in Georgia recognizes that brain injuries are often life-altering debilitating injuries and therefore allows the courts to award large verdicts to victims who have sustained them. If your loved one suffered a brain injury during birth due to someone else’s negligence, you likely have myriad of questions about your legal options. This article answers some commonly asked questions related to brain injuries sustained at birth. However, each case is unique and it is advisable to consult with an experienced brain injury attorney about your particular case as soon as possible.

Q. If my baby gets an injury settlement in Georgia because he or she was born with a brain injury, who is the money paid to?

Answer: As your baby is a minor, a judge will approve how the baby’s monetary settlement will be used by the parent or legal guardian. In some instances the court will order that the funds be held in a trust for your child, but in most instances the money is deposited into an interest-bearing bank account that your child will gain access to when he or she turns 18. Additionally, courts are often willing to allow some of the settlement to be used for the child before turning 18, but this use must be approved by the court.

Q. What is the difference between a birth injury and a birth defect?

Answer: Birth injuries generally occur because something went wrong during labor or delivery. On the other hand, birth defects generally involve harm that arose before birth (often caused by genetics, infection, etc.). Birth injuries often give rise to personal injury lawsuits while birth defects generally do not.

Q. What are some common causes of brain injuries at birth?

Answer: While there are many situations that can cause or contribute to brain injuries at birth, common causes include:

  • Failing to perform a required cesarean section,
  • Using forceps incorrectly,
  • Failing to address the baby’s lack of oxygen,
  • Administering dangerous medications, and
  • Failing to recognize or address fetal distress.
Need Legal Advice?

When a baby is born with a brain injury the liable party’s insurance company may try to negotiate a quick settlement in order to avoid paying for medical expenses that come up later on. Be sure to seek legal advice from a competent brain injury attorney before accepting a settlement in order to avoid settling prematurely. Mr. Bryce Angell is an experienced personal injury attorney who is committed to serving those who have been wrongfully injured and would be happy to help fight for the settlement that you deserve. Contact our Atlanta office today at (770) 217-4954 to schedule a free consultation.

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