Couple Awarded $1.85 Million in Birth Injury - Wrongful Death Lawsuit

A jury in Montgomery County, Maryland found Dr. Leonard Bienkowski of Frederick Memorial Hospital negligent in delivering a couple's son, an incident that led to a fatal birth injury .

Sandra and John Ketterman were awarded $1.85 million in damages after their son died from a serious birth injury.  The Ketterman's wrongful death lawsuit claims that Dr. Bienkowski's use of vacuum extraction during the delivery was what ultimately led to the injury that cost their son his life. In the lawsuit, the Kettermans argue that Dr. Bienkowski did not follow the accepted standards of medical care, and did not warn the couple about the dangers associated with vacuum extraction.

Dr. Bienkowski decided to use vacuum extraction when the baby's head became lodged in the birth canal.  Vacuum extraction is typically used when a baby is in distress, however, the Kettermans argue that their son did not appear to be in distress, and that if they had known about the risk of injury associated with vacuum extraction they would have opted for a cesarean section instead.

Vacuum extraction involves applying suction to the child's head to help remove a child from the birth canal and speed up delivery.  This practice has slowly been replaced by the use of forceps, which pose a lesser risk of serious injury, such as facial nerve damage, brain damage , cerebral palsy , and developmental delays.

The Kettermans were awarded $752,000 for economic damages, $100,000 for their son's conscious pain and suffering before his death, and $500,000 to each parent for their suffering.

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