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On April 8, 2008, a Colorado appeals court overturned a decision, effectively entitling a nonviable, stillborn fetus protection under wrongful-death law.

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The ruling overturned a decision made in 2003 by a Muskogee federal judge who decided that the wrongful death law did not apply to still born fetuses.

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On Tuesday, the 10th U.S. Circuit Court of Appeals overturned that decision based on a decision made in the Oklahoma Supreme Court which expanded the scope of the wrongful death law.

The purpose of the wrongful death law is to be sure that damages are provided in the instance of a wrongful act that is cased by negligence. The decision ensures that liability can still be established even if the death of the fetus occurs before the birth.

Birth injury attorneys buy New York are working on cases in which fatality or life-long disability has resulted due to birth trauma.

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A 16-year-old boy in Florida was awarded over $30 million in a birth injury lawsuit on April 7th. The lawsuit stems from brain injuries that the boy sustained as a result of a delayed cesarean delivery.

When the boy’s mother was in labor, the hospital staff was well aware that the baby was in distress, with the umbilical cord wrapped around its neck. Despite knowing that the baby was being deprived of oxygen, the hospital staff waited the entire day before a cesarean delivery was performed.

The Florida jury found that the hospital was 85 percent responsible for the child’s life-long injuries, while his doctor was 15 percent responsible.

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The decision brought an end to the five week trial and three day jury deliberation. The lawsuit was originally filed against the hospital 14 years ago.

Cases like this are being worked on by birth trauma lawyers.

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