Our firm has a long and successful history of representing North Carolina children who have suffered birth injuries due to medical negligence.
We represented Bailey Griffin, a young girl from Monroe who suffered a catastrophic brain injury and resulting cerebral palsy due to negligence at the time of her birth. A Mecklenburg County jury awarded her the state's largest medical malpractice verdict ever.
We also represented Carli Snell, a little girl born in Gastonia, concerning the catastrophic brain injury she suffered at birth due to negligence, also resulting in cerebral palsy. Carli's case ended with the largest medical malpractice out-of-court settlement in the history of North Carolina.
In addition to the Bailey Griffin and Carli Snell cases, these are a few of the other birth injury cases we have handled:
- Delayed c-section results in injury to child
- Newborn has brain injury caused by failure to respond to severe newborn jaundice
- Excessive Pitocin use results in injury to child
- Delayed c-section after prolonged second stage of labor
- Failure to perform c-section in the middle of the night
- Failure to respond to late decelerations
- Child injured as uterus ruptures
- Failure to respond to fetal distress
- Experience
- Review of Birth Injury Cases
Delayed c-section results in injury to child
A child was born with cerebral palsy after his mother labored nearly 24 hours in the hospital. Plaintiff's experts testified that the fetal monitoring strips showed that the baby got into trouble from compression of his umbilical cord, but his mother was allowed to labor instead of a C-section being performed. As a result, the child cannot walk or talk. The case settled during the third week of trial. Back to Top
Newborn has brain injury caused by failure to respond to severe newborn jaundice
Care providers observed jaundice at a hospital during the newborn's birth admission. Results of an initial bilirubin test measured near the high-risk range, according to guidelines of the American Academy of Pediatrics. Despite this, no follow-up testing was ordered during the child's first week of life. Six days after the newborn hospital discharge, the child became critically ill and was found to have an extremely elevated bilirubin level. By this point, the child had suffered bilirubin toxicity leading to a kernicterus brain injury causing severe disabilities, including permanent motor disabilities and hearing loss. The case settled before trial. Back to Top
Excessive Pitocin use results in injury to child
A woman pregnant with her first child was admitted for her second day of induction because of postdates and a large baby. During her induction, the fetal heart rate tracing showed periods of uterine hyperstimulation. Despite this, the physician continued to order Pitocin in violation of the standard of care. Fetal tachycardia and marked variability then occurred and the nurse increased the Pitocin and failed to inform the doctor in violation of hospital policies. The nurse then allowed the patient to push before she was completely dilated. The fetal heart rate crashed to 50-60 beats/min. The physician was called and then attempted to deliver the baby first with a vacuum extractor and then forceps. A 10 pound 7 ounce baby girl was delivered almost 30 minutes later and no pediatrician was present. The pediatrician arrived 12 minutes after birth and testified the baby was cyanotic and not being ventilated well. The child lives with her parents. She cannot sit alone, stand, walk, talk and is blind with cerebral palsy. Part of the case settled before trial. The remaining claim settled after trial. Back to Top
Delayed c-section after prolonged second stage of labor
A child suffered brain damage and cerebral palsy after medical providers negligently instructed her mother to push in labor for over 4 hours. Electronic fetal monitoring showed the baby experienced periods of decreased oxygen because of cord compression before and during the second stage of labor. An attempt was made to deliver the baby with a vacuum extractor after the first two hours of pushing. When this was unsuccessful, the mother was instructed to push for an additional two hours with minimal monitoring of the fetal heart rate. As a result, the child cannot walk or talk and has cerebral palsy. Part of the case settled before trial. The remaining claim settled after jury selection was started at a trial. Back to Top
Failure to perform c-section in the middle of the night
A child was born severely depressed at a small hospital after his mother's family practice physician called for a c-section at 2 a.m. for failure to progress but decided not to awaken the surgeon or operating room crew. While waiting for personnel to arrive at their usual 7 a.m. time, the baby's heart rate dropped dramatically. The surgeon and operating room staff were called emergently, but it took 50 minutes to perform the c-section. Plaintiffs' experts testified the decision to delay the c-section and the time it took to perform the c-section violated applicable standards of care. The child was severely depressed at birth and has cerebral palsy and cannot walk or talk. The case settled before trial. Back to Top
Failure to respond to late decelerations
A mother presented to labor and delivery with late decelerations on electronic fetal monitoring. The mother was allowed to labor for more than 10 hours with this ominous pattern. Plaintiffs' experts testified this was negligent management by the medical professionals. The fetal heart rate eventually dropped to a low rate and after multiple attempts with a vacuum extractor and forceps, the baby was delivered with no heart rate or respirations. There was no pediatrician present and after multiple unsuccessful attempts to intubate by the obstetrician, an emergency room physician was called to intubate the infant. The child has cerebral palsy, cannot talk or walk, and has a gastrostomy tube for nutritional and medication needs. The case settled before trial. Back to Top
Child injured as uterus ruptures
A pregnant woman admitted to the hospital had an uneventful labor until about 8 a.m. when she suffered late decelerations. A short time later, the intrauterine pressure catheter stopped tracing properly and the baseline heart rate rose into the 170s. During the morning, a pattern of late decelerations appeared and continued for some time until the heart rate crashed and an emergency C-section was performed. The mother's uterus was determined to have ruptured. The child was severely depressed at birth and was diagnosed with birth asphyxia and hypoxic ischemic encephalopathy. The child died at age 4. Plaintiff's experts testified that the obstetricians and nurses should have responded to the late decelerations and should have better monitored the mother. The case settled shortly before trial. Back to Top
Failure to respond to fetal distress
A pregnant woman was admitted to the hospital. The baby was noted by a nurse to be in the breech position. During labor, the fetal heart rate had dropped from the norm of 140 to 160 beats per minute to 60 to 80 beats per minute, then after an hour, dropped to 60 beats per minute, a very low heart rate. The baby was delivered by forceps 45 minutes later in the breech position and entangled with the umbilical cord. The child suffered cerebral palsy. Plaintiff's experts testified that the doctor failed to recognize the significance of the low fetal heart rate; failed to appropriately respond to signs of fetal distress and failed to deliver the child by Cesarean section after clear evidence of breech position and fetal distress. The case settled. Back to Top
Experience
In addition to the cases listed, we've represented many more children and their families in medical negligence cases, particularly cases in which the children suffered cerebral palsy as a result of injuries at their birth. Experience in handling such complicated cases can be very important, and Kirby & Holt has that experience and a track record of success in such cases. Back to Top
Review of Birth Injury Cases
In order to consider representation in a birth injury case, we extensively interview the parents about the pregnancy and birthing process. We carefully review the medical records including the electronic fetal monitor tracings. We then consult with obstetricians, labor and delivery nurses, anesthesiologists, pediatric neuroradiologists and other experts to determine whether your child's injury was caused by negligence on the part of a physician or hospital employees. If we accept your child's case, we retain the services of a rehabilitation specialist to prepare a life care plan outlining the medical and therapeutic needs of your child throughout their life. An economist provides a forecast of the cost of these services. We then deal with malpractice insurance companies for the medical providers in litigation and negotiations to attempt to obtain the recovery your child needs and deserves to take care of their lifetime needs. There are no cases more serious and important in our legal system than birth injury cases due to the lifetime of suffering and costs involved. We consider it a high honor and privilege to be hired in such cases. Our firm has earned the respect of malpractice insurance companies and their attorneys for the expertise we have developed in birth injury cases. We give careful attention to the investigation of each birth injury case and provide vigorous advocacy for the children and families we represent in these cases. Back to Top
