Malpractice Caused Cerebral Palsy: Lawsuit Uncovered

A hospital's negligence caused a baby to develop cerebral palsy and severe brain damage according to a newly revealed lawsuit that had been improperly covered up for two years.

The lawsuit filed against Group Health two years ago resulted in a settlement which was described as a record high, but was concealed.

The Lawsuit

Uncovered court documents tell the story of a lawyer hired to protect the interests of an injured baby girl and her family. The lawyer's report consisted of depositions from doctors, medical records, and outlines a disturbing sequence of events.

According to the report, a baby girl was born in March 2001 at Group Health Eastside Hospital. She was alert and responsive, and weighed seven pounds and 14 ounces. But the nurse failed to check her vital signs “at the specified time,” the report said. When the attending nurse finally did check them, the nurse found the baby was no longer breathing.

A call for assistance went out, but “no help arrived for approximately 15 to 20 minutes, the report said. Eventually a nurse arrived, followed by a physician. They installed a breathing tube in the baby and returned her to a normal color.

Then, according to the report, the respiratory therapist used an incorrect adapter. As a result, oxygen went into the baby, but had no way to come out. The baby was “literally blown up.” Her lungs “hyperinflated” then collapsed. The baby was unable to breathe for 5 to ten minutes.

The girl suffered “severe and permanent brain damage” and developed cerebral palsy as a result of the hospital's negligence, according to the lawsuit.

The Settlement

The family hired the attorney James Bostwick, medical malpractice specialist, to represent them. Together, they sued Group Health, and eventually reached a settlement for $7.8 million. The lawsuit was then sealed at the request of Group Health, who did not want the settlement terms made public.

However, the written order to prevent the disclosure of the settlement terms contained language barring the disclosure of any case details at all. The judge, the girl's family's lawyers, and Group Health all signed it.

Victim of medical malpractice? If your child has cerebral palsy and you feel it may have resulted from medical malpractice, please contact us today for a free consultation with a caring and experienced medical malpractice attorney who can examine your case thoroughly, and help you determine the cause of your child's condition. You may be eligible to recover compensation for your pain, suffering, medical expenses, and more.