Oops, Dr. Drops Baby During Delivery

The Eisen Law Firm Birth Injury Case Facts

Imagine going into a top-notch Ohio hospital and having your baby dropped during delivery. Almost inconceivable, right? But this is exactly what happened to Baby A and her parents.

Baby A slipped through the hands of the resident obstetrician and ended up on the floor, her umbilical cord torn and bleeding from her navel. The delivery team quickly whisked Baby A away and transported her to the NICU.

In her first few days of life, Baby A suffered a needless fall, a surgery to fix her umbilical cord, and a two-day stay in the NICU -- all courtesy of a birthing error caused by a member of the medical team. This required her to see various specialty physicians. Baby A is doing relatively well; her parents, however, are still struggling.

The Eisen Law Firm – Birth Injury Case Investigation and Preparation

Soon after Baby A was born, her parents contacted The Eisen Law Firm to represent them in a potential birth injury claim. Todd Gurney, lead attorney for The Eisen Law Firm, began to review records and put together a case. He also consulted closely with Brian Eisen, who has handled similar dropped baby cases.

The laws in Ohio relating to birth injuries are tricky. Medical claims for the baby’s injuries are “tolled” until the baby reaches the age of 18. However, some derivative claims for the parents’ injuries (such as negligent or intentional infliction of emotional distress) have only a one-year statute of limitations. In this case, Mr. Gurney and Mr. Eisen had to decide when to make a claim for both Baby A and for her parents. Initially, it was too early to make a full claim for Baby A as her injuries were not yet fully known; however, the claim for the parents needed to be made in a timely fashion before the window of opportunity closed for good.

Knowing both the birth injury case facts and the legal timelines and constrictions, Mr. Gurney filed suit for Baby A’s parents.

The Eisen Law Firm – Birth Injury Case Litigation

Mr. Gurney filed suit for the parents’ claims of negligent infliction of emotional distress. The parents had been diagnosed with Post-Traumatic Stress Disorder. Every time Baby A cried of fussed, they did not know if it was due in part to something from the fall, or if the cry was a part of expected growth. The memory of their baby falling to the floor kept playing in their minds over and over again, especially when Baby A cried.

As part of the trial preparation, Mr. Gurney reviewed all the medical records, engaged in comprehensive written discovery requests, and scheduled depositions of the parties and key witnesses. However, before the depositions of the defendants took place, the parties agreed to retain a private mediator in an effort to resolve the parents’ claims without a trial.

The mediator was able to get both sides to agree to a confidential settlement for Baby A’s parents. Next step: Baby A’s claims.

Since the full extent of the injuries suffered by Baby A due to the fall were not immediately known, Mr. Gurney decided to wait to bring her claim. Knowing the Ohio birth injury laws, Mr. Gurney was mindful of the age of his client. By the time Baby A turned two, it was clear that she would not require significant future treatment due to her fall. It was time to bring Baby A’s claim.

Mr. Gurney decided to approach the hospital and see if a pre-trial settlement could be achieved on behalf of Baby A. The hospital already had a deep understanding of the birth injury case facts, and a confidential settlement for Baby A’s claims was achieved.

The Eisen Law Firm Birth Injury Case – Knowing the Medicine and the Laws

Knowing the medicine in Baby A’s claim was easy: babies should never end up on the delivery room floor. Ever. It is unimaginable, but it happened.

Knowing the potential legal claims was not so easy. This is why Baby A’s parents hired The Eisen Law Firm for help. The Ohio laws around birth injury claims are intricate and can be very confusing; one misstep and the opportunity to bring a claim could be gone forever.

The Eisen Law Firm handles Medical Malpractice, Wrongful Death, and Birth Injury cases. It is all we do. Sadly, this is not our first “dropped baby” case. We hope never to have another dropped baby case and that the hospital learns from this “Never Event.”