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Girl's infant brain damage prompts parent's lawsuit

When compared to full-term newborns, premature babies typically require more astute observation and cautious care. If an appropriate standard of care is not provided, New Jersey parents may be devastated to later learn of infant brain damage that could potentially affect a child's development and health for years to come. A mother from another state claims something strikingly similar, and blames the hospital for her daughter's developmental delays.

In 2010, the mother gave birth to twin babies roughly 10 weeks early. The babies -- a boy and a girl -- were subsequently taken to the hospital's neonatal intensive care unit for treatment. The baby girl was dropped by a nurse while in the NICU, and a CT scan later revealed that her skull was fractured. The girl's grandmother backs up the mother's claim, and alleges that her the girl's development does not match that of her twin brother's.

The hospital denied the claims, and instead point to cited issues of development, failure to potty train and hyperactivity as potentially caused by the mother's drug use during pregnancy. A pediatric neurosurgeon even testified that, aside from hyperactivity, he did not observe any neurological problems with the girl. The family challenges this claim, as the neurosurgeon apparently never even examined her.

The family further asserts that the mother's alleged drug use is not likely to have caused the girl's developmental delays, as her twin brother is unaffected and has continued to develop at an expected and normal rate. The medical malpractice claim, which seeks financial relief for the child's future healthcare needs, is finally set to go to court in Feb. 2015, although the girl is now already 4 years old. New Jersey parents who have similarly been devastated in the aftermath of infant brain damage to their child may assess the possibility of compensation for medical bills and pain and suffering through the successful litigation of a medical malpractice claim.

Source:, "Family of child allegedly dropped after birth files lawsuit vs. hospital", Manuella Libardi, Sept. 26, 2014

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Alan D. Bell
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