An Ohio woman was awarded a $22.6 million verdict on May 19th, 2008 in a birth trauma suit. She claimed that during birth, the baby became stuck in the birth canal for 13.5 hours. The delivery took place on September 4, 1997.

The jury found both the doctor and the medical facility liable for negligence. They determined that the doctor and medical facility had foreknowledge that the actions they took would have resulted in brain damage.

During the trial, the jury heard medical evidence that showed that prior to the delivery, doctors discovered that the first time mother had a narrow pelvic cavity and that at the time of delivery, the baby weighed over 9 pounds.

The plaintiff argued that the doctor knew that the baby would not fit through the birth canal. The doctor attempted to treat the problem by giving the mother medication that forced the uterus to contract, which put pressure on the head of the baby, causing brain damage. A cesarean section was performed 13 and a half hours after labor began.

Birth injury attorneys are working on cases in order to prevent the horror of birth trauma from occurring.

Virginia has a state run program called Birth-related Neurological Compensation Fund which supplies the children and families affected by birth trauma with the money necessary to pay for the lifetime of needed medical and home care. Unfortunately, this program is seriously lacking the funds necessary to keep up with the need.

According to an audit released on May 13th, the twenty year old program is short the $127.6 million needed to maintain the lifetime care needed by the infants who have entered the program.

The state run program was the first of its kind in the United States. Florida is the only other state to utilize a similar program.

The lack of money in the fund is due to underestimated financial projections of the needed child care. This clearly demonstrates the serious financial toll that birth trauma can have on families.

Birth trauma attorneys are working to hold negligent parties responsible in order to prevent the devastation of birth injuries from occurring.