A federal judge ruled that a federally supported healthcare provider and physician were negligent in causing significant injuries to a child during delivery, awarding the family nearly $34 million. The case involved a 3-year-old boy who suffered brain damage during birth, resulting in his requiring 24-hour medical care, inability to move independently, and a projected lifespan under 30 years.

Court documents revealed that the doctor failed to inform the 19-year-old mother of signs indicating complications that necessitated a C-section. Despite her requests for this procedure, the physician encouraged vaginal delivery and even left the delivery room to attend another birth and take a call from his financial advisor.

The oxygen deprivation resulting from the failure to perform a C-section caused permanent brain damage and disability. The case was complicated by the physician’s false documentation claiming the mother refused a C-section—a claim disproven when investigators located a nurse who testified that this note was fabricated. The judge stated this was a clear attempt to “cover his tracks,” noting the documentation occurred more than an hour after birth.

Medical experts testified that a C-section would have prevented the brain damage, and that the doctor’s use of a vacuum extractor likely placed additional stress on the baby’s head. The nearly $34 million award included over $21 million for economic damages, $7.8 million for the child’s suffering, and $3.45 million for the parents’ pain and suffering.

Similar to this case, a Maryland mother and her son received $34 million in March 2023 after suffering through a traumatic and dangerous C-section that caused serious brain injuries. The jury determined that the mother’s doctor and the University of Maryland St. Joseph Medical Center acted negligently when ordering an emergency C-section at 23 weeks without signs of fetal distress and without obtaining proper consent