The Case of the Upside-Down Baby: A Catastrophic Breech Birth Injury
A three-year-old girl couldn’t walk, and no one knew why.
For more than a year, doctors at Children’s Hospital had been trying to solve the mystery. The little girl had weakness and developmental delays that didn’t make sense. Specialists suspected a rare genetic muscle disorder, but every test came back inconclusive. They were baffled.However, they did not have the birth records!
This young mother knew something wasn’t right; She called our office.
A Single Detail That Raised a Red Flag
When we asked the mother to describe her labor and delivery, one detail immediately alarmed us.
Her baby had been breech, a double footling breech!! — both feet first — and delivered vaginally.
No attempt had been made prior to labor and before birth to turn the baby to a safer head down position- a common maneuver called a version. Also, no Cesarean section had been offered or performed.
Breech vaginal deliveries are known to be dangerous, especially when the baby is “footling breech,” meaning one or both feet come out first. The safest option in most cases is a planned or an emergency Cesarean section or an attempt to externally turn the baby into a head-first position before labor if possible.
None of that had happened here.
Why Breech Vaginal Deliveries Are So Dangerous
In a normal vaginal delivery, the baby’s head comes out first. This is not an accident of nature. The head is the largest and hardest part of the baby’s body, and as it descends, it gradually widens the cervical opening and birth canal. This allows the physician to carefully guide the head and shoulders through, minimizing the risk of trauma.
In a feet-first vaginal delivery, the opposite happens.The baby’s legs and lower body may slide out easily — but they may not adequately widen the cervical outlet. The baby’s neck and large, hard head may remain trapped above the cervix. When the head finally tries to pass through a still-narrow opening, it can become stuck. That’s when things can turn catastrophic.
If too much force is used to deliver the head through the cervix, the baby’s neck and spinal cord can be stretched, compressed or torn. Even a moment of excessive traction can cause permanent neurological injury.
The Records No One Looked At!
Learning that this was a breech vaginal delivery, we ordered every available medical record from the birth hospital — for both mother and baby — along with all imaging studies [X-rays, or CTs] of the baby’s head and neck.
What we found was the answer and it was devastating.The X-rays showed that the baby’s spinal cord had been stretched and damaged during delivery. It appeared pinched in the middle — like a squeezed drinking straw.
This wasn’t a genetic disorder.This was a traumatic spinal cord injury during birth.
We immediately brought the records and imaging to the treating physicians at Children’s Hospital. They were stunned.
At last, the mystery was solved.
“This Was a Birth Injury”
The doctors had been searching for a rare disease that didn’t exist.
The truth was especially tragic: The injury had been totally preventable.
This little girl had suffered a catastrophic birth injury during a poorly performed breech vaginal delivery with excessive force applied to her neck and spine. The cause of her inability to walk was now clear—a traumatic injury during birth.
Holding the Hospital Accountable
We filed suit against the birth hospital and medical staff responsible for the delivery.We took extensive depositions, including of the delivering physician and the nursing staff who were present in the room. The testimony revealed poor decision-making, a failure to follow basic obstetrical safety standards, and a lack of preparation for a known high-risk delivery.
The defendants refused to offer any money to settle the case.They forced the family to a nearly 6-week trial.
A $120 Million Jury Verdict
After trial, the jury returned a verdict awarding over $120 million in future damages-the estimated cost of care over her lifetime.
The verdict recognized the lifelong care this child would need, including:
- Specialized medical treatment
- Physical and occupational therapy
- Assistive devices
- Home modifications
- Ongoing supervision and support
It also recognized the devastating human cost of a preventable medical mistake.
Protecting the Child’s Future
With the family’s approval, we placed the child’s award into carefully structured deferred annuities at very favorable interest rates.
This accomplished two critical goals:
- It protected the funds from misuse or outside influence
- It guaranteed long-term financial security for the child at interest rates that have never since been available
Those funds have paid for many years of high-quality medical care, her college education and a better future for her.
This family finally had answers.
And a little girl finally had justice.
A Message to Parents
If your child has unexplained developmental delays, weakness, or neurological problems — and doctors can’t give you clear answers — trust your instincts.
Birth injuries are often missed or misdiagnosed for years.Hospitals do not always acknowledge their mistakes and quality of care varies greatly from one hospital to another.
You deserve answers.
Your child deserves justice.
Legal Disclaimer
This article describes a real case handled by our firm. Results depend on the specific facts and legal circumstances of each case. Prior results do not guarantee a similar outcome in future cases. Each case is unique. This content is for informational purposes only and does not constitute legal or medical advice.