Dropped Baby leads to Birth and Brain Injury – Confidential mid seven- figure Settlement

Chloe’s mom went into labor early. At just 25 weeks into her pregnancy, Chloe’s mom rushed to her local rural hospital, where Chloe was born weighing less than two pounds. And then the unthinkable happened: Chloe slipped from the hands of the obstetrical nurse and fell to the floor. It happened in an instant, but serious damage was done.

Chloe was stabilized and then sent, via air ambulance, to a major hospital in Cleveland, where she spent almost four months in the neonatal intensive care unit. Chloe now lives at home with her mother and older sister.

The preventable fall Chloe took in the delivery room (no baby should ever be dropped or fall to the floor in a hospital) resulted in a linear skull fracture. Chloe also had several significant brain bleeds. These brain bleeds ultimately caused Chloe neurological damage. Chloe developed neonatal seizures, hydrocephalus (increased pressure in the brain caused by the buildup of cerebral spinal fluid), and significant motor and cognitive delay due to the damage her brain suffered from the brain bleeds. Chloe’s first couple months were very complicated, filled with tests, medical procedures, and medications.

When The Eisen Law Firm started working on the case, Chloe was still very young and her injuries were not yet fully known. However, Brian Eisen started the medical malpractice investigation by obtaining, reading, and analyzing Chloe’s 3,000-plus pages of medical records, as well relevant medical literature.

Chloe’s prematurity and low birth weight put her at risk for brain bleeds, even if she had not been dropped just after birth. In fact, it is known that about 45% of very premature infants like Chloe suffer brain bleeds at birth. So, the key issue in this birth injury case was going to be causation; in other words, did Chloe’s brain bleed because she was premature, because she was dropped, or both? Mr. Eisen consulted with many experts to try to determine an answer to this critical question.

Ultimately, The Eisen Law Firm pursued two separate cases: one for the emotional distress suffered by Chloe’s mother, who witnessed Chloe’s fall to the floor, and one for Chloe’s significant injuries and damages.

Mr. Eisen consulted experts in the following fields: pediatric neurology, neonatology, obstetrics, in-hospital fall prevention, life care planning, physical medicine and rehabilitation, economics, and others. He even arranged to have Chloe evaluated by top specialists outside of Ohio.

Ultimately, The Eisen Law Firm was able to settle Chloe’s mother’s case for a confidential, six-figure amount. The firm then settled Chloe’s case for a confidential, mid-seven-figure amount that will allow Chloe to be taken care of for the rest of her life.