The family of a boy living with severe disabilities, including cerebral palsy, won a significant settlement to cover his ongoing costs of care and support. The family sued Reading Hospital in West Reading, Pennsylvania, for several negligent errors that led to the child’s birth injury and disabilities.
Untreated Infection Led to Birth Injury
Miranda Garcia arrived at Reading Hospital in September 2018 after her water broke after 39 weeks of gestation. Doctors ignored signs indicating an infection called chorioamnionitis and failed to provide antibiotics.
Chorioamnionitis is an infection of the tissues and fluid in and around the amniotic cavity. It occurs in 1% to 5% of pregnancies and is treated with antibiotics. Untreated chorioamnionitis can cause complications in the mother and the baby.
The risks to the baby include a severe, potentially fatal type of infection called sepsis, fetal inflammatory response syndrome, pneumonia, and meningitis. It can also cause brain damage that may contribute to disabilities like cerebral palsy.
In addition to failing to treat the infection in the mother, doctors at Reading Hospital also failed to respond to signs of fetal distress. They could have prevented some of the oxygen deprivation that left the baby brain damaged with an earlier delivery. Instead of performing an emergency C-section, the doctors continued with a vaginal delivery using a vacuum extractor and forceps.
Failure to Treat Infant Worsened Disabilities
Once the baby was delivered, he was sent to the Neonatal Intensive Care Unit (NICU). Here, the negligence continued. While the baby was known to have suffered hypoxic-ischemic encephalopathy (HIE), a form of brain damage triggered by oxygen deprivation, the staff failed to provide adequate treatment.
Hypothermic therapy lowers a baby’s temperature to limit the extent of brain damage. This treatment is effective in minimizing later disabilities, but it must be provided soon after the brain damage occurs. There is a small window of time during which it helps a baby, and the Reading Hospital staff failed to provide this care.
Family’s Lawyers Win Huge Settlement
All of the negligence piled up in this case, resulting in a now five-year-old boy with severe disabilities. He has spastic quadriplegic cerebral palsy, the most severe type of cerebral palsy that affects all limbs, the trunk, and often the face. He is non-verbal, must be tube-fed, and is blind.
The family sued Reading Hospital for damages caused by multiple incidences of negligence. Their boy needs 24-hour care and will need that care for the rest of his life. In addition to practical expenses associated with his disorder, the lawyers sought damages for loss of enjoyment in life and other non-economic factors.
The family’s lawyers took the hospital to trial, but the case ended in a settlement shortly after both sides made opening statements. The hospital agreed to pay the family $32.5 million. In spite of agreeing on the settlement, the hospital did not admit blame or fault.
