$5M Settlement Awarded to Family in Medical Malpractice Birth Case
By Dean I. Weitzman, Esq. on June 2nd, 2017
The family of a baby born in a naval hospital in Florida in 2012 has reached a $5 million medical malpractice settlement after three doctors allegedly chose not to order a cesarean section delivery after tests showed evidence of a lack of oxygen to the infant and fetal distress during the birth.
Jenifer and Sean Mochocki reached the $5 million settlement with the Naval Hospital Jacksonville, more than two years after filing a medical malpractice lawsuit against the hospital and doctors in March of 2015, according to a May 1 story by Law360.com. Sean Mochocki is a U.S. Air Force officer.
The lawsuit alleged that that Jenifer Mochocki received “negligent care” when she was admitted to the hospital in October 2012 for the delivery of the baby, and that while “heart rate monitoring equipment initially showed [the baby’s] vital signs to be positive overall … about an hour later there were clear indications of ‘fetal decline.'”
A note from one of the three doctors mentioned that “a C-section should be ordered if certain conditions persisted,” the lawsuit stated, yet Ms. Mochocki “went untreated for the next 90 minutes,” after which the baby was born vaginally and then diagnosed as suffering from hypoxic ischemic encephalopathy and other birth-related issues.
Instead, the doctor should have ordered a C-section immediately, which might have prevented the baby’s resulting brain injuries, according to the lawsuit.
The settlement states that the family will receive $1.59 million upfront, while another $3 million will be used to purchase an annuity that will provide monthly $7,600 payments for the rest of the child’s life. Additional future payments to the child and to the parents are also included in the settlement.
These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.
That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical malpractice and errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
When Winning Matters Most, Call MyPhillyLawyer.