CBS News out of Detroit reports on an $8 million settlement in the case of a woman who alleges she was denied proper care when she gave birth in jail, and her daughter suffered brain damage as a result.
According to the report, Chantrienes Barker went into labor while she was jailed in Wayne County, Mich., in1998. Although she was taken to a hospital, she was returned to jail two hours later.
According to the lawsuit, her labor pains intensified. But despite the screams of inmates trying to summon help, guards did not respond immediately.
Her daughter, Chelsie Barker, did not receive critical oxygen during the birth. Chelsie, now 14, is severely impaired and being raised by a guardian.
The report quotes a lawyer for Chelsie’s guardian as saying: “She has brain damage. She walks with a walker… She will never be employable. She will need care 24 hours a day for her life.”
U.S. District Judge Stephen Murphy ruled that the jail officers had a duty to protect and care for Chelsie. He said they “had sufficient warning that the child was on the way and did not get her the medical care she needed immediately prior to, during, and after the birth.”
If you or a loved one have suffered a traumatic brain injury, check with Lopez McHugh for a free consultation to see what your legal options are.
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