A Texas couple is suing the West Virginia University Hospitals in Monongalia Circuit Court, claiming that due to its negligence during their daughter’s birth, their daughter suffers from severe physical and mental damage.
In late 2009, Jennifer Bollack became pregnant by artificial insemination and was thereafter a patient at West Virginia University, where she received prenatal care from Cheat Lake Physicians. Bollack alleges that in July 2010, she reported leakage of amniotic fluid and was admitted to the hospital. However, because fetal monitoring and a urine test came back normal, Bollack was released and told to follow up with one of the Cheat Lake physicians two days later. When Bollack followed up, she complained of decreased fetal movement, and was scheduled for an induction of labor. The couple’s daughter was finally born just after midnight on July 7, 2010, with no heartbeat or signs of breathing. She was admitted to the Neonatal Intensive Care Unit in critical condition.
Although the Bollacks’ daughter was finally discharged two weeks after birth, she has shown signs of being neurologically delayed, showing both physical and speech deficits. Speech therapists and physical therapists will be required, and the Bollacks’ daughter remains under the care of West Virginia doctors. The Bollacks charge West Virginia Hospitals with failing to provide qualified medical staff to monitor Jennifer Bollack’s labor, failing to properly examine her during labor, failing to read the fetal heart monitor tracings in a timely manner, and failing to perform a Caesarean section in a timely manner.
The Bollacks claim that as a result, their daughter required multiple hospitalizations and suffered from seizures, oxygen deprivation, and brain injury, among other problems. Their daughter will need significant medical treatment and hospitalizations, which will require money. The Bollacks also charge that as a result of West Virginia Hospitals’ negligence, their daughter will suffer from, among other things, loss of enjoyment of life, pain and suffering, loss of income, and impairment of earning power.
Needless to say, when you submit to a hospital’s care, you should not have to fear that you will end up being worse off — especially when it comes your child’s health. If you are in a similar situation to that of the Bollacks, you should not hesitate to find an experienced West Virginia child injury attorney who can help you get the relief that you need. As noted from the Bollacks’ suit, injuries caused to a person at birth can linger for the rest of that person’s life, resulting in high medical bills and an impaired ability for that person to care for himself or herself. That is why when people sue for these types of injuries, they seek both general and special damages. Special damages seek money for specific items, such as medical bills. General damages seek money for harder to define items, such as pain and suffering, loss of enjoyment of life, and loss of income. Some of the damages sought are speculative, and often it is difficult to come up with an exact figure for anticipated future losses. Yet when filing a lawsuit, you must seek these losses, because once you have filed a suit and litigated it to its conclusion, you will not be able to raise those issues again.