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A Dallas court has approved an $11 million settlement between an Oklahoma woman and her son and the hospital and physician she accused of causing her son’s severe brain damage during his birth.
Baylor Medical Center at Garland paid $10.8 million of the settlement, with Erik Gunderson, MD, paying the remaining $200,000, according to Dallas attorney Jeffrey Rasansky, JD, who represented the plaintiff. Kristi Hamilton claims that Baylor and Gunderson failed to recognize signs of fetal distress while she was in labor, and that she was allowed to continue to labor when she should have had an emergency cesarean section. When it was apparent she could not deliver her son vaginally, she then was given one.
Kevin Hamilton, who had no heart rate when he was born, suffers from profound brain injuries that require a feeding tube. He will require intense medical supervision his entire life. "This settlement will merely help Kristi Hamilton pay for the care her son will require for as long as he lives," Rasansky says. "She would gladly exchange every dime in return for her son’s health."