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Parents win fatal birth injury case with Williams DeClark Tuschman’s help

On Behalf of | Nov 17, 2021 | Birth Injuries

A Henry County jury reached a unanimous verdict this May, awarding a $10 million judgment to a local family whose infant daughter died shortly after her birth in 2015. The baby’s death was preventable, and her parents sought to hold medical personnel responsible for their negligence.

Williams DeClark Tuschman Co., LPA, represented the parents in their six-year fight for justice over the death of their infant daughter. Her mom and dad filed a lawsuit in 2016, months after their infant daughter died of asphyxiation. Asphyxiation is one of the most common preventable causes of death for infants during labor and delivery.

Infant deaths are commonly caused by birth injures

Losing a child is devastating under any circumstances, but it can be even more agonizing when it was caused by negligent medical professionals who are sworn to “do no harm.”

The Centers for Disease Control and Prevention (CDC) reported nearly 21,000 infant deaths in 2018. Ohio recorded the fifth-highest number of infant deaths in 2019 with 930 fatalities, according to the CDC. The state had the 10th highest infant mortality rate out of all 50 states that year.

Mortality statistics show many birth injuries result from negligence. Five leading causes of infant deaths include:

  1. Birth injuries
  2. Congenital disabilities
  3. Premature birth and low birth weight
  4. Sudden infant death syndrome
  5. Pregnancy complications

The jury award marks the end of a lengthy legal battle

The parents’ initial lawsuit was dismissed in 2018. They refiled the case that May naming Henry County Hospital, Riverview Women’s Care and a certified nurse-midwife as the responsible parties. Since that time, they have been fighting the long and emotional battle.

When the jury heard the case earlier this year, they decide unanimously to award the parents $4 million for “loss of consortium” and $6 million for “grief and anguish.” Although no amount of money can make up for the loss of a child, her parents were glad to receive justice for the tragic loss of their daughter.