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Birth Injury; $3.3 Million Settlement; FTCA Claim

January 27, 2009

Baby Rodriguez v. United States

Army health care providers failed to recognize and promptly react to Baby Rodriguez’ stress on fetal heart monitors and immediately delivering the child at the U.S. Army Hospital, Beaumont Medical Center, Texas.  As a result, Baby Rodriguez suffered a severe hypoxic brain injury and cerebral palsy.  After review of the medicals,  the Army settled the case after the Claimant Interview.  Noneconomic damages were capped at $250,000 under Texas law.