Five Million Dollar Birth Injury Settlement

Ken Margolin

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In a highly publicized case, a Bedford, New Hampshire family received a $5,000,000 pre-trial settlement arising out of severe injuries suffered by their son, Dustin, during his delivery. The medical malpractice settlement was reported on the first page of the September 18, 2006 Boston Herald. Dustin's parents alleged that numerous errors by his doctors and nurses caused Dustin to suffer severe oxygen deprivation and brain damage. As a result, Dustin, now 5, has cerebral palsy, retardation, and other disabilities, and will never be able to care for himself. According to the lawsuit, Dustin needed an emergency C-Section, which would have resulted in a normal birth and healthy baby. The settlement was unusually large for a pre-trial settlement in Massachusetts. The case also illustrated that despite legitimate concern over unnecessary cesarean sections, there are times when a C-section must be performed.