Birth Malpractice Lawsuit Results in $7M Verdict for Death of Infant

A Massachusetts family has been awarded $7 million as the result of the death of their newborn daughter, which was allegedly caused by medical negligence following birth. 

The birth malpractice lawsuit was filed by Danielle and John Bellerose against several healthcare professionals at Beth Israel Deaconness Medical Center, alleging that the negligence of staff members allowed their eight-day-old daughter to die from infection.

On June 13, 2004, Danielle Bellerose gave birth prematurely to twin girls, Katherine and Alexis. The girls were premature and Katherine weighed only 2 pounds, 7 ounces. She was incubated and placed in neonatal intensive care, but after four days she developed necrotizing enterocolitis (NEC), which is a bowel infection caused by underdevelopment. An attempt to treat her condition failed and she died on June 21, 2004.

The family alleges that the defendants failed in providing care for the infant because they should have been alert to the possibility of necrotizing enterocolitis after birth. According to the lawsuit, Katherin was being treated for patent ductus ateriosus, which requires indocin treatment, and was being fed through a tube going from her nose to her stomach, both of which are known to increase the risk of NEC in newborns.

Following trial, a jury agreed and awarded each parent $3.5 million, and an additional $50,000 for Katherine’s pain and suffering. According to a press release issued by the family’s attorneys, of six defendants, the jury placed liability on Dr. Janet Lloyd and nurse practitioner Michele Ambrosino, saying they were negligent in their care of the baby girl.