516-358-6900 FREE CONSULTATION CALL NOW
Tap to Call Directions

Woman Wounded During Childbirth Awarded $50 Million Damages

Subscribe to our Blog
by
Our Long Island birth injury attorneys report that a woman wounded during childbirth was awarded $50 million damages.

A mother from New York City won a massive $50 million personal injury claim when the jury deliberating over the case determined that the woman’s obstetrician caused life-changing damage six years ago while she was giving birth to her child.

Llaulin Cruz was awarded such a large sum of money after the Bronx jury decided that Dr. Michael Ihemaguba caused serious injuries.

Cruz reported that since the birth incident she must always be close to a restroom and must wear underwear liners to prevent unwanted accidents. She stated that she experiences pain constantly in what she called “her private areas” which has meant her relationship with her husband has suffered. She reiterated that for the rest of her life she thought she was never going to be relieved of the pain.

Cruz, 38, explained that Dr. Ihemaguba asked her to continue pushing as soon as her newborn baby’s head appeared and he performed a cut which he failed to stitch up.

A year or so later she gave birth to another child which made her ongoing problem far worse. She has had no less than 12 surgeries since then which meant she has spent much of her time going between her home and the hospital.

Dr. Ihemaguba, who no longer practices in the U.S., reported that the verdict reached was not based on the correct facts.

It seems there is likely to be an appeal and despite the hefty award Cruz may not see even a single dollar of it for at least a couple of years.

One of the saddest things that can ever happen to someone, particularly a woman, is when they are in the process of celebrating a happy event like a child birth and they become seriously injured during the delivery process. Childbirth is an age-old practice and more is known about it than just about any other physical incident affecting a woman so when someone like Cruz is injured in such an event questions will be asked and good answers will be required to justify the injury. In the meantime Cruz along with her family have to try and handle the pain and suffering she is going through.

A study into perineal care by British researchers which is relevant to our situation here in the U.S. has estimated that more than 85 percent of women who go through a vaginal birth may suffer a certain amount of perineal trauma with 60-70 percent needing suturing. Unfortunately it seems that often treating these problems is inadequate after childbirth which is good grounds for filing a personal injury claim.

Fortunately in New York and other states in the country provision is made for people like Cruz in the form of a personal injury claim. This won’t restore her life to the same position as it was before the life-changing injury but at least she can get financial compensation to help cover medical expenses, adapting her home to allow for her life altering situation, loss of consortium to her husband who is unable to offer love in the same way as before the injury, an amount for pain and suffering as well as the financial loss from being unable to earn an income due to the constant pain she has to endure.

Personal Injury Attorney, Richard S. Jaffe Esq. and his colleagues fully sympathize with victims like Cruz. When you go through a routine activity like giving birth you don’t expect to be so traumatized by the event that you have to endure the rest of your life experiencing constant pain because the person delivering the baby was negligent. Richard believes that being compensated financially for someone else’s mistake helps the victim to regain his or her life even though normality will never fully return the victim will be financially secure to handle the change in life circumstances.

If you, or one of your family, have been injured in any type of accident and it was not your fault you should arrange a free consultation at the Law Offices of Cohen & Jaffe LLP where Richard will give you an honest assessment of your chances of winning a personal injury compensation claim.

Sources: http://www.nbcnewyork.com/news/local/Bronx-Mother-Awarded-50-Million-Doctor-Mainmed-Her-Childbirth-Police-NYC-376108041.html

http://www.ncbi.nlm.nih.gov/pubmed/19445799

0 Comments