A Michigan judge has ruled that a doctor violated the standards of care and is responsible for causing cerebral palsy in a child during a traumatic birth where the doctor used vacuum extraction on for almost 50 minutes.
The cerebral palsy lawsuit, which was filed by the parents of Keya Mekuria, accused family practice doctor Linda French and Michigan State University with medical malpractice. Judge James R. Giddings, in Ingham County Circuit Court, recently ruled in favor of the family, saying that French violated the standard of care and caused a serious birth injury for the boy on December 1, 2000, at Sparrow Hospital when she tried to deliver him via vacuum extraction, which uses suction to pull the child’s head through the birth canal during difficult deliveries.
According to a post on InjuryBoard.com by a lawyer involved in the case, the child is now 9 years-old and will require around-the-clock care for his entire life as a result of the brain damage and cerebral palsy suffered during the traumatic birth.
At trial, Dr. French herself testified that Keya’s birth was the most disastrous delivery that she’d ever been a part of, and that her own guidelines for using vacuum extraction called for complete delivery of the head within 30 minutes. Expert witnesses testified that Keya’s scalp was boggy and that he suffered a subgaleal hematoma, which occurs when blood pools between the scalp and the skin. Keya allegedly did not breathe for 10 minutes, suffered seizures within 24 hours after being born and also suffered multi-organ dysfunction and metabolic acidosis.
“Dr. French violated the standard of care by employing far too many pulls without adequate accompanying progress,” Judge Giddings wrote in an 84 page opinion. “As a result, severe and repeated trauma as well as a shoulder dystocia was inflicted on Keya Mekuria.” Giddings said those injuries included severe and permanent brain damage, for which French is liable.
The court reserved a ruling on the question of damages for the child’s cerebral palsy, which will be addressed in a separate opinion.
Chicago Cerebral Palsy Attorney Jay Paul Deratany and the Experienced Birth Injury Lawyers of The Deratany Firm have helped clients across Illinois and Florida. If you or someone you know has experienced an injury during pregnancy or delivery at the hands of a medical professional, contact our firm today for your free initial consultation.
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Chicago Personal Injury Attorney Jay Paul Deratany has won millions for clients across Illinois. Concentrating in Brain Injury, Medical Malpractice, Birth Injury, Adoption Negligence & Accident / Injury cases, The Deratany Firm's compassionate lawyers are aggressive advocates for your rights.
