The Jersey Journal reported yesterday on a birth injury settlement that took place in Bayonne, New Jersey. The settlement was for $8.5 million dollars and went to the Ordonez family, after negligence caused their son to be born with brain damage, and therefore suffer permanent disabilities.
The Ordonez’s Ordeal
According to Francis Dorrity, the Ordonez’s attorney, Emily was admitted to the Bayonne Medical Center at 1:30 am on August 15, 2005 with the beginning pains of labor. All tests showed a healthy baby. But at 9:32am, the machine monitoring the baby’s heart rate showed a rapid drop from 140 beats per minute to a dangerous 60 beats per minute.
Hospital phone records show that the the delivery room nurse waited nearly a half an hour before she called the attending obstetrician to alert him of the complication. The obstetrician arrived from Staten Island 22 minutes later and waited until 10:55am to perform the 4 minute emergency C-Section.
The babies heart rate fell because of umbilical cord compression, which caused the fetus to be denied adequate oxygen. José Ordonez, now 5, was born with permanent brain damage, leaving him blind, unable to walk or hold his head up, and prone to seizures. José feeds through a straw and will require round-the-clock care for the remainder of his life.
The settlement will provide $6 million dollars to José to pay for his life-long medical care, and $2.5 million will go to his parents for pain and suffering.
José now attends the Concordia Learning Center, and Dorrity says the staff there has helped him tremendously.
“Through their efforts and teaching at Concordia Learning Center this child has seen improvement in the way of cognition and recognition. He responds to voice and touching in ways he didn’t before.”
Birth Injury Attorneys in New Jersey and Philadelphia
If your child was injured at birth and you now have questions regarding your legal rights, contact the Mininno Law Office for a free case evaluation. You may also call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the medical malpractice and birth injury attorneys answer any questions you may have.
Birth Injuries that commonly occur include Cerebral Palsy, Erb’s Palsy, face paralysis, bruises and swelling, Shoulder Dystocia, and brain damage. These injuries are generally brought on by oxygen deprivation and doctor error. Oxygen deprivation is commonly caused by umbilical cord compression, the improper insertion of an oxygen tube, Meconium Aspiration Syndrome (the baby inahles it’s own fecal matter or amniotic fluid), or excessive time spent in the birth canal.
Eva Liberato was admitted to Westlake Hospital to deliver her baby in 2002. After hours of labor, she was given drugs to help induce contractions and dilation. The drugs caused the baby’s heart rate to slow and, instead of calling for the assistance of an obstetrician, her family doctor attempted to deliver the baby himself using, among other methods, forceps and a vacuum retractor.
On the day of her daughter Cassie’s birth, Dr. Lisa Yang and her colleagues administered drugs and forced the kind of birth deemed nearly impossible early on in Heather’s pregnancy. The drugs administered were supposed to assist the uterus in contracting, and eventually the baby would be expelled. However, because of her mother’s condition, and because of Cassie’s size, which the doctors failed to consider, Cassie’s head became stuck.
Dr. Stephen Serlin was summoned at 5am on February 24th, 1993 to perform an emergency C-section for Marlayna’s mother, Dawn Kineke. He did not arrive at the hospital until 7am, and the procedure didn’t begin until 8:14am. In that time, Marlayna suffered fetal asphyxia from umbilical cord compression within the womb, which caused cerebral palsy and a host of additional developmental issues.
Galecio and Maria Rodriguez sued Dr. Jennifer Friedman and the Northwestern Memorial Physician’s Group after a serious birth injury permanently injured their son Mateo.
In March, an Orlando jury awarded a $38.75 million dollar verdict after medical malpractice in the delivery room caused an irreversible birth defect: