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Family Awarded Close to $30 Million for Medical Malpractice

A family in Massachusetts was awarded nearly $30 million in a medical malpractice claim after they filed a civil suit claiming their baby suffered permanent injury at the hands of negligent medical staff.

According to the suit, Dr. David Seubert was negligent in the care he provided to Jeniah Gallego, now 11 years old, the child of Jeanette Guitierrez and Luis Gallego. The suite was filed in 2011, 7 years after the birth of the girl who now does not walk or talk, is fed through a tube, and cannot see.

In the suit, one of the six doctors originally named was removed and four were found to not have been negligent. Only one doctor was found to be responsible for the lasting injuries suffered by the child.  According to the suit, the medical team failed to do several things correctly, including assessing test results properly and performing a cesarean section when needed.

It is alleged that had the child not remained in a “hostile uterine environment” that she would not have suffered such extensive injuries. Gutierrez went to the hospital at 28 weeks pregnant, saying that the movement of the baby had decreased. She was admitted and placed on a monitor. When the baby’s heart rate dropped, Seubert was contacted but did not report to the hospital.

By the time the child was delivered by C-section, she was not alive. The child was resuscitated, but a lack of oxygen and blood flow resulted in her lifelong medical needs.

If you or a loved one has been injured at the hands of a doctor or other medical professional, call our offices today. We are here for you. A member of our team will review your case at no charge and give you the advice based on our experience and knowledge. Call now.

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