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Mother Sues U.S. to Recover Costs of Care Associated with Child's Birth Defects & Other Damages

Hartley & O'Brien, PLLC recently filed a lawsuit on behalf of a West Virginia mother for medical negligence in the United States District Court for the Southern District of West Virginia, Bluefield Division.

The plaintiff's Complaint alleges that her health care provider, employed by the federal government, negligently placed a Mirena IUD and that, as a result, the plaintiff became pregnant with twins.

Following the birth of the twins, it was determined that one of the twins suffers from several congenital defects and, accordingly, will undergo a complicated medical course.

The Complaint further alleges that the mother's treating physicians failed to locate and remove the improperly placed IUD during the births, which resulted in the mother also undergoing a complicated medical course, requiring multiple surgeries.

As such, the plaintiff's Complaint seeks recovery on two bases: 1) recovery for her pregnancy costs and extraordinary costs of raising her child who suffers from birth defects, including but not limited to the child's medical expenses associated with those birth defects and 2) recovery for her own damages resulting from her physicians' failures to locate and remove the IUD during the births.

Hartley & O'Brien, PLLC's attorneys are familiar with the complex issues arising in West Virginia medical malpractice/birth defect cases, including those cases which must be pursued against the United States under the requirements of the Federal Tort Claims Act (FTCA).

Click here to read the complaint.

Melissa Clutter-Johnson v. United States of America, United States District Court, Southern District of West Virginia (Bluefield Div.) Civil Action No. 1:16-cv-4041.

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