Family of Young Girl Injured During Birth Awarded $1 Million in Missouri Medical Malpractice Trial By Tod Aronovitz | 08/25/14 | 0 Comment

A jury deliberating in a Madison County, Missouri, medical malpractice case recently found in favor of a young girl who was injured during delivery by obstetrician/gynecologist James Dalla Riva, M.D., three years ago at Anderson Hospital in Maryville, Illinois. According to a story in the Madison-St. Clair Record, the family of the three-year old—Bailei Rae—was awarded $1 million.

An earlier story in the Record reported that Bailei’s mother, Jamie Rae, sued in 2012 asserting that her daughter suffers from permanent nerve root damage and a brachial plexus injury as a result of what happened during the birthing process.

The lawsuit originally named Anderson Hospital; however, Circuit Judge William Mudge dismissed the hospital from the case without prejudice earlier this year.

The mother claimed in her lawsuit that Dr. James Dalla Riva applied too much downward traction or excessive tilting of Bailei’s head during birth. Moreover, Jamie Rae contended that Dalla Riva should have performed a C-section because of the baby’s size. Bailei weighed in at 9 pounds, 2 ounces.

As a result of her injury, Bailei is unable to raise or bend her left arm. The plaintiff’s lawyer argued for a damage award that would help cover Balei’s past and future care. It was pointed out in testimony that future surgeries would help maintain gains made through prior procedures and therapy, but her arm would never be cured. Bailei has also been diagnosed with autism but not as a result of her arm injury.

Dalla Riva’s lawyer had disputed the claims, arguing that Bailei’s injury was due to the forces of labor, but jurors ruled in favor of Rae.

Time is of the essence when filing a birth injury claim due to requirements in the law. Birth injuries are devastating and can sometimes be fatal, so families are caught up in the crisis as they should be. However, they should also remember to start the litigation process as soon as possible if they suspect that a birth injury might be the result of medical negligence or malpractice.

ARONOVITZ LAW: Representing Florida Consumers in Serious Personal Injury Cases

The Miami medical malpractice law firm of ARONOVITZ LAW pursues justice for Florida citizens who have been injured by the wrongful actions or omissions of another individual, government agency, or corporation. We can assist you with civil litigation including consumer class action litigation, whistleblower cases, medical malpractice, product liability, and wrongful death cases.

Contact Miami medical malpractice attorney Tod Aronovitz for a confidential discussion of your case.