Birth Injury Lawsuit Filed in NJ Court after Childs Death

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baby incubatorA new birth injury lawsuit has been filed in the U.S. District Court of New Jersey (Camden), alleging that the defendant health care providers deviated from acceptable standards of care, causing the death of the mother plaintiff’s infant child after a C-section. The complaint accuses attending doctors and nurses at Cooper University Hospital of numerous transgressions and acts of negligence during the labor and delivery of the plaintiff’s baby, ultimately leading to his premature death just minutes after birth.

The legal action, which was moved to federal court on December 12, 2014, seeks monetary damages totaling more than $12 million, to help compensate for the decedent’s pain and suffering before his time of death; lost wages and earnings over the course of his life; wrongful death and loss of life’s pleasures; expenses incurred as a result of his death; burial and funeral costs and punitive damages.

Defendants failed to act on signs of fetal distress

The lawsuit states that after suffering spontaneous rupture of the membranes, the then 34-year old New Jersey plaintiff, who was morbidly obese and diagnosed with gestational diabetes, presented to Cooper University Hospital on July 20, 2010. Though her unborn child was estimated to be in the 90th percentile for his large size and weight, the attending OBGYN did not order a Cesarean delivery, but cautioned the mother that suction may be required during her vaginal delivery.

Throughout her initial labor, fetal tracings revealed non-assuring signs including irregular heartbeat, nuchal cord and a failure to descend. However, it wasn’t until 3:55 AM the following day that the defendant OBGYN ordered an emergency C-section after determining the baby’s heart rate was non-reassuring and given that he had failed to descend into the birth canal.

Spinal anesthesia was given to the mother, at which time fetal bradycardia was noted on the plaintiff’s hospital chart. After an extremely difficult C-section, the decedent was finally delivered but appeared limp and lifeless with blue skin. Medical records indicate that the baby’s heart rate hovered between 20 and 30 beats per minute during delivery, before stopping completely just 30 seconds after birth.

All attempts to revive the child were unsuccessful and he was pronounced dead at 5 PM on July 21, 2010.

New Jersey birth injury lawyers for the family argue that the delivery room personnel should be held liable for negligent care to the mother plaintiff and her child.

The defendants face dozens of allegations, including:

  • Failing to regularly monitor the fetal heart rate
  • Failing to perform medically necessary testing
  • Failing to interpret with accuracy fetal heart tracings
  • Failing to order and perform a timely C-section delivery
  • Failing to recognize and treat the decedent’s non-reassuring fetal status
  • Administering spinal anesthesia at the wrong level
  • Failing to improve fetal oxygenation
  • Failing to adhere to proper delivery room protocols
  • Failing to supervise and direct the staff and interns who participated in the care of the plaintiff and the decedent

Legal advocates you can count on

Monetary damages procured through litigation may ease the financial tolls faced by this grieving family, but no amount of money will ever compensate for the loss of a newborn child.

At the law firm of Eisbrouch Marsh, our highly qualified New Jersey birth injury attorneys offer their legal expertise to parents facing such catastrophic times. Medical malpractice claims arising from seemingly preventable birth injuries are exceedingly complex in nature, which is why victims need legal representation of the highest caliber.

If you suspect negligence played a role in your child’s injuries or loss of life, we invite you to reach out for a free legal consultation. Dial 201-342-5545 to discuss your case with a NJ medical malpractice attorney at our firm.


  1., Definition of Fetal distress
  2. PubMed, Urgent cesarean delivery for fetal bradycardia