The Justice Department has agreed to pay a Virginia couple $2.3 million in a birth injury medical malpractice lawsuit. The lawsuit alleged that Portsmouth Navy Medical Center failed to provide adequate care in the birth of Scott and Michelle Holweger’s child. In resolving the medical malpractice claim, the Justice Department admitted no liability and denied any malpractice. The majority of the settlement funds will be placed in a trust fund to care for the ongoing needs of the child.
Birth injury lawsuits typically arise when the medical staff fails to recognize and act upon signs of fetal distress. Neurological injuries are also common and may result from oxygen deprivation, blood loss, or damage to the umbilical cord. A child born with brain injuries may suffer from seizures, cerebral palsy, and severe mental and cognitive impairment.
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