Birth Injury Settlement of $78.5 Million

Birth Injury Settlement of $78.5 Million

There are a few precious moments in life. Some would say their wedding day is precious. Others would recall special birthdays or milestones in their life like graduating from a graduate program or landing that dream job. Then there are those who believe that life really isn’t the same anymore, in a good way, when they had their children.

When talking to women they are very quick to speak about their children. If you ask them questions about their pregnancy they are also very quick to talk to you about the crazy ups and downs. Some stories start as a surprise, but it typically works out in the end. Other pregnancy stories come with some scares but then end fairly well. Unfortunately, not all pregnancy stories end well. Some have great beginnings and very tragic endings. What a mother goes through during pregnancy is very personal and very intimate. Not only do they have to make decisions for themselves, but they also have to consider the budding life of newborn swimming around in their belly.

Women really aren’t given the credit that is due. Not only do women believe in their instincts, but they fight through adversity when they aren’t heard. When you are living in the United States, one of the wealthiest countries in the world, one would think that a mother gets a high standard of care to protect herself and her baby. Unfortunately, that just isn’t true. Much like fairytales, we like to believe that when we enter a hospital we will be taken care of in a way that will make us feel safe and leave us feeling better than ever. However, that is not always the case.

For example, after three years in court, the Upsey family has finally received the verdict they knew to be true: the hospital was negligent and at fault for the birthing injury of their son which resulted in his diagnosis of severe spastic quadriplegic cerebral palsy. The injury occurred when the hospital failed to perform an emergency C-section. In fact, it was delayed 81 minutes which caused the baby to be stressed and suffer the injuries.

What happened was the doctor who performed the ultra-sound thought that the baby had already died in the womb. Unfortunately, the ultrasound machine was so old, insensitive, and poorly maintained that it did not pick up on the child’s heartbeat. The family was awarded $78.5 million dollars. This amount would cover the future, past, and current medical costs for the family and the son as well as emotional pain and suffering of the mother.

If you or someone you love is dealing with something as tragic as a birthing injury then you have rights. Our Birthing Injury Attorneys at The Weitz Firm, LLC in Philadelphia are ready to fight for you. Call 267-587-6240 or click here to start your journey to justice with us today. We understand that this is a sensitive subject. We promise to work for you as aggressively as possible to ensure that you get the compensation you need to remedy this situation as best it can.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.