Wayne County has recently settled a birth trauma lawsuit filed by a woman who gave birth in jail.
Chantrienes Barker went into labor in 1998 while incarcerated. Officers sent her to a hospital, but returned her to jail just two hours later. She and other inmates repeatedly urged guards to return her to the hospital, saying that her labor pains were increasing. She gave birth in jail, and her daughter now suffers from brain damage. Barker sued the county for violating her civil rights, and the county agreed to an $8 million settlement.
The County’s Defense
Initially, the county said that it was not responsible for the infant’s health due to a landmark abortion ruling. Since Roe V. Wade decided that life did not begin before birth, the county argued, jail officials had no responsibility to provide adequate care to Barker’s unborn child. Barker’s lawyer did not accept this argument. Since Barker was in the county’s custody, she said, officers “had a duty to protect and care for [her daughter] Chelsie.”
Due to Chelsie’s brain damage, she must use a walker and will require care for the rest of her life. Since the jail did not provide her mother with adequate care during labor, we feel the county owes a debt for the injured child’s wellbeing.
If poor decisions and negligence led to your child’s injury or disability, you have options for seeking compensation for medical bills, lost wages and trauma. Contact our birth trauma lawyers today to learn more during a free case review. Our number is 1-800-460-0606.
Cappolino Dodd Krebs LLP – birth trauma attorneys
