Mother Claims Hospital Negligence Causes Birth Injury and Brain Damage To Infant

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)


According to court records: Plaintiff Darrol Purt’s mother, Deena Simon, presented to the labor and delivery department of a Sacramento hospital with a history of spontaneous rupture of membranes May 11, 2003. At the time of presentation, she was 35 weeks and two days’ gestation, with an estimated date of confinement of June 11, 2003. Tocolysis was administered to slow the progression of labor, and prenatal steroids were given. The patient was transferred to the labor and delivery department of defendant XYZ Medical Center so that the baby would have access to neonatal intensive care unit and neonatology specialists, if needed.

Plaintiff was delivered by Cesarean section.

After delivery, plaintiff was taken to the neonatal intensive care unit at the hospital, where he was followed by defendants.

On May 19, 2003, plaintiff began having apneic/bradycardic episodes consistent with sepsis. A blood culture was taken, but many hours passed before antibiotic therapy was initiated, and there was no effort to undertake a lumbar puncture.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

On May 20, 2003, a cranial ultrasound was performed. On May 21, 2003, a CT scan was undertaken. Both studies confirmed that plaintiff had suffered brain damage, including but not limited to interventricular and intra-parenchymal hemorrhages and brain abscesses.

On June 6, 2003, a lumbar puncture was finally performed on plaintiff, which confirmed evidence of infection. Ultimately, plaintiff was diagnosed with bacterial meningitis, but brain damage had occurred.

Plaintiff alleged defendants were negligent in failing to timely diagnose plaintiff’s conditions, failing to manage and treat plaintiff’s conditions, medically and administratively abandoning plaintiff, failing to provide proper evaluation in a timely manner, failing to obtain physician consultation, and failing to obtain specialist consultation.

According to court records:
Brain damage; cortical blindness; spasticity; neurological injuries; 24-hour care.
Verdict/Judgment: Settlement
Verdict/Judgment Amount: $4,000,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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