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Medical malpractice happens in every field, but when it happens during childbirth it can be devastating to those involved. That is why a mother and son in Dayton, Ohio won their birth injury case and recently received $2.75 million.

Matthew Harrison was born at Dayton’s Miami Valley Hospital with severe head swelling, shifting of the skull bones, and a paralyzed right arm. Prior to delivery, Matthew was expected to be a healthy, normal baby, but because of medical malpractice, Matthew has to be treated for a devastating injury to nerves in his neck and spine.

Maurita Henry, the mother, went into labor and was directed to begin pushing. Dr. Andre Harris, the defendant, noticed Matthew was not responding well to the pushing and suggested another option.

Contact Attorney Penny Hendy for all Birth Injury claims
Traditionally, there are two options once it is decided that pushing will not work. They will either deliver the baby with the use of a vacuum or go with a cesarean section (c-section).

Dr. Harris decided to use the vacuum extraction method, however, he failed to mention this to Maurita, the mother, before executing. On top of that, Dr. Harris also failed to abide by a common rule while using the vacuum approach. He failed to follow the 3 pop-off rule.

The 3 pop-off rule is in place to avoid neonatal trauma, or birth injury. The idea is that if the vacuum loses suction more than three times during delivery then you run the risk of birth injury. This is what happened during Matthew Harrison’s birth.

Dr. Harris ignored the 3 pop-off rule and it is recorded to have popped-off 5 separate times. Matthew Harris suffered from shoulder dystocia and this condition was mishandled by Dr. Harris when he proceeded to use the vacuum, even after it came off three times. The force of vacuum in the face of shoulder dystocia caused severe injury to Matthew’s nerves that control the use of of his upper extremities including his muscles.

Because of Dr. Harris’ medical malpractice, neglecting rules set in place, Matthew Harrison has suffered life-altering injuries. Matthew and his mother, Maurita Henry have won their $2.75 million case.

Medical malpractice and birth injury go hand-in-hand and can cause trauma to any family. That is why at Schachter, Hendy & Johnson we have decades of experience fighting for our clients who have suffered from all types of birth trauma. Please, if you have any questions about a similar situation that you are in or know someone dealing with something similar, or if you are just looking for legal advice do not hesitate to call us at 859-578-4444 or contact us online.

If this article sounds similar to a recent experience that you or a loved one have suffered from, please do not hesitate to contact us online or call 859-578-4444 to schedule a free consultation!

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