33 year-old Saynad Muse and her husband have been awarded $5.25 million in a medical negligence lawsuit they filed against the Ohio State University Hospital Wexner Medical Center. The parties settled the birth injury lawsuit in lieu of litigation, which may have resulted in an even higher jury award. A hospital spokesman, Robert Mackle, issued a statement saying that “we worked closely with the family to reach what we feel is a fair and just resolution to the case,” involving the couple’s brain damaged son who was born in 2006.
According to the plaintiff, Muse reported to the hospital at 3:20 p.m. on April 28th in early stages of labor. However, the baby, Ayab Gelle, was not delivered until 5:10 a.m. the following day via an emergency Cesarian section. The personal injury lawsuit alleged that obstetrician Dr. Walter Baird Hull failed to recognize the proper time to deliver the baby. The delayed birth resulted in serious brain injuries to the child. The plaintiff also claimed that the drug Pitocin was given to Muse during labor. Two experts were expected to testify that the hospital was negligent in how it administered the drug to the mother. The drug is used to increase the strength and frequency of uterine contractions, but also worked to decrease blood flow and oxygen to her child in this case, resulting in brain injuries. Hull, now 76 years-old and retired, declined to comment on the case.
Muse and her husband, Ali Gelle Diriye, live in Reynoldsburg, Ohio. They spend the majority of their day caring for Ayub, who is now 7 years-old. The child sustained serious brain injuries during birth and requires constant care. Muse’s brother has served as an English interpreter in this case. Muse hails from Somalia. Even though she is a U.S. citizen, she struggled to understand the medical and legal jargon that were frequently used throughout the case. She says she feels the settlement is fair compensation for her son’s injuries. She and her husband also care for their 17 and 15 year-old daughters, who have also been profoundly affected by the seriousness of their younger brother’s injuries and the around-the-clock care he requires.
The $5.25 million settlement marks the second largest settlement paid by the Ohio State medical center. The largest settlement was $7.3 million, which was awarded to Kerri Swain’s family in 2006. Hospital negligence and medical malpractice left Swain with little awareness of her surroundings, and unable to walk or talk when physicians disregarded clear signs of respiratory arrest, which cuts off oxygen to the brain, in January 2003. According to university reports, the hospital has settled a total of 11 malpractice lawsuits, each for at least $1 million, since 1996. The combined cost of the settlements now comes to $25.66 million with the result of the Muse’s lawsuit.
If you or a loved one have a child that suffers from severe birth injury that you believe to be linked to hospital negligence, you may be entitled to considerable monetary damages for your and your child’s pain and suffering. If your child has tragically died due to hospital carelessness, you deserve significant compensation for your tragic loss.
Please contact our expert Boston, MA birth injury lawyers, Boston personal injury lawyers or Boston, MA wrongful death lawyers at 617-787-3700 or at firstname.lastname@example.org to set up a free, confidential consultation to discuss your Boston birth injury or Massachusetts wrongful death case. Our highly skilled Boston birth injury lawyers and Boston, MA personal injury lawyers are available 24 hours a day, 7 days a week, at 617-787-3700, to assist you in your claim.
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