Jury finds Henry Ford hospital negligent in preventing injuries during birth

DETROIT – A jury awarded $120 million on behalf of a boy who was severely injured during birth at a hospital within the Henry Ford Health System.

The verdict came down on Thursday, March 28. The jury found Henry Ford Health System and the attending obstetrician and nurses negligent in failing to perform a timely Caesarian section (C-section), which resulting in severe birth injuries.

The mother of the child arrived at Henry Ford Hospital in June 2010. She was at term but not near delivery, officials say.

Officials say sometime after being admitted, the fetal monitor indicated a “non-reassuring fetal heart tones,” and a C-section was called for.

Because the procedure was delayed more than two hours, the infant suffered from severe asphyxiation, resulting in cerebral palsy and permanent brain damage, causing him to require lifelong care.

The Michigan Department of Health and Human Services joined the case against the defendants due to the exorbitant cost they have incurred for the medical care for the child, who is now 13 years old.

“When a fetal monitor indicates ‘Non-reassuring heart tones,’ it is a call to action, and time is of the essence to prevent the kind of injury this child suffered. It is outrageous that there was a more than two-hour delay for something that needs to be performed urgently.

“This child will need medical and home care for the rest of his life, and while we cannot give him the quality of life he would have had but for this injury, we can only hope to give his additional therapies and services to help him deal with his disabilities and protect from the possibility of an early demise.

This injury should have never happened. It was foreseeable and entirely preventable. We hope this verdict serves as a reminder to the obstetrical community that they should act expediently in the presence of non-reassuring fetal monitor patterns.”

McKeen and Associates Attorney Brian McKeen

“At Henry Ford Health, our patients are family, and we’ve been deeply saddened for the Drake family since the birth of their son more than a decade ago. At the same time, we do not believe the verdict is consistent with the facts of this case and plan to vigorously appeal the jury’s verdict. Given the ongoing nature of the case, we are not able to provide any additional comment at this time.”

Henry Ford Health