A birth injury lawsuit has been filed by a mother and father in Florida, alleging that their child sustained hypoxic ischemic encephalopathy and other serious birth injuries.
The parents, Jenifer and Sean Mochocki, filed the lawsuit March 25 in federal court in Jacksonville, Florida, against the United States of America, pursuant to the Federal Tort Claims Act. The parents were residents of Patrick Air Force Base in Brevard County, Florida, and sought obstetrical care at Naval Hospital Jacksonville.
According to the lawsuit, the mother presented at the hospital on October 1, 2012 with labor contractions, and deep variable decelerations were noted in the fetal heart rate. A doctor noted fetal decline and recommended a cesarean under certain conditions, but did not prepare the mother for a cesarean, the lawsuit claims. According to the complaint, the baby was delivered vaginally and was noted to have no respiratory effort.
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The lawsuit claims that oxygen deprivation to the brain caused the baby to suffer from hypoxic ischemic encephalopathy, which is also known as intrapartum asphyxia. The complaint alleges that the child suffers from a permanent brain injury, permanent loss of certain bodily functions, pain and suffering, disability and disfigurement. The lawsuit accuses the hospital of negligence and seeks damages in excess of $75,000.
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