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Family is victorious in New York birth injury lawsuit

There is nothing quite like the excitement of expecting a child. Just as there is excitement, however, there are many fears and worries, fears that all parents hope will never come true. For a New York family who gave birth to their daughter 10 years ago, they are just getting some closure after their fear became reality in the delivery room.

The New York couple's baby was born and then determined to be suffering from cerebral palsy. Today, at the age of 10, the child can't walk or feed herself. The picture that her parents had of the life for their child was forever changed when, they argue, medical professionals failed to properly do their jobs upon the baby's delivery.

According to the plaintiffs' allegations in the medical malpractice lawsuit, medical workers failed to notice that their baby wasn't getting oxygen after delivery. The lack of oxygen commonly leads to cerebral palsy or another type of serious brain injury.

If nurses or doctors had responded sooner to the medical emergency, perhaps the child could have been saved from the health struggles she will live with for the rest of her life. That is why the family has persisted in trying to hold the hospital accountable for the birth injury.

After the plaintiffs turned down a prior settlement, they lost in court. They hit another speed bump in the next trial after appeal with a hung jury. But they've finally claimed a victory. A jury ruled in favor of the family last week, awarding them $130 million in damages. The plaintiffs are satisfied knowing that their daughter will have financial security over the course of her life.

No lawsuit, even if it is successful, can take back the wrongdoing of medical professionals. The damage has been done. A life has been altered. Persistence in holding careless parties accountable for their professional wrongdoing can at least help victims and their families have less stress during an already stressful situation by securing the necessary money to cover past, present and future medical expenses and more.

Source: New York Post, "This lawyer turned down $8M... and got them $130M," Julia Marsh and Bob Fredericks, April 18, 2013

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