The medical malpractice lawsuit filed by James and Lynette Ashburn whose daughter suffers seizures due to a birth injury is being sent to trial by the Indiana Court of Appeals. The decision was based on the fact that key expert testimony on behalf of the plaintiffs was originally stricken from trial which may have unfairly influenced the court’s ruling to dismiss the case.
The lawsuit stems from the birth of the Ashburn’s daughter, Chloe, who was delivered in 2002 via the use of a suction device. Although Lynette Ashburn agreed to the use of the device, she alleges that she and her husband were never told of the possible risks involved.
Two days after Chloe was born, she suffered a subdural hematoma which required surgery. She now suffers from a permanent seizure disorder as a result. According to the expert medical witness for the Ashburns, a neonatologist who examined and treated the child, the hematoma was caused by the use of the vacuum. The Court of Appeals felt that this testimony, which was originally stricken from the record, was valid and reversed the decision allowing the case to move forward.
There is one stipulation to the reversal, however. The appeals court is only allowing the Ashburns to sue the Houser-Norborg-MacGregor Medical Corporation, who manufactures the vacuum device, but not the medical facility where the birth injury occurred.
Birth injuries occur during what is supposed to be one of the happiest moments in life, and can have devastating results. Anyone whose child has suffered harm before or during delivery has the right to seek compensation and should discuss their situation with a medical attorney who is experienced in birth injury cases.
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