Birth Brain Injury at Army Hospital Results in $11 Million Settlement

Legal settlement papers for birth brain injury

On September 11, 2021, Sarah Panter delivered a daughter at Blanchfield Army Community Hospital at Fort Campbell. She was then given Pitocin, a synthetic medication version of oxytocin used to induce pregnancy.  Monitors signaled fetal distress, a noted effect of the drug, and Panter’s attorneys say a C-section should then have been offered, to prevent the infant from injury. Instead, hours later, a midwife delivered the baby, who initially didn’t breathe.

Panther’s daughter now lives with hypoxic-ischemic encephalopathy, brain damage that occurs when a newborn’s brain does not get enough oxygen or blood flow before, during, or right after birth. Additionally, the child lives with cerebral palsy, epilepsy and cortical blindness, known consequences of brain injury. She also cannot walk or sit unaided, uses a feeding tube, and needs round-the-clock nursing for life.

While birth injury is known to “only” be about 2% for normal vaginal delivery and 1% for cesarean delivery, statistics in the United States report that that birth injury occurs in about 25.3 to 31.1 cases per 1000 hospital births. Because the head is typically the first part to enter the birth canal, it is also the most vulnerable and, therefore, common birth injury, as recognized by various studies available in the NLM database.

In September 2026, the Justice Department agreed to an $11 million settlement funding a lifetime-care trust. While the government settled mid-trial, prior to the judge’s ruling, it has not formally accepted responsibility.

A Dangerous TBI Two-Way Street

A traumatic brain injury doesn’t just raise your risk of later neurological disorders; preexisting neurological disorders may raise the risk of brain injury, concludes a recent 2026 study from the San Francisco Veterans Affairs Health Care System.

Diagram showing circular relationship between brain injury and epilepsy with arrows indicating feedback loop and mutual exacerbation of seizures and brain damage

Published June 17, 2026. in the journal Neurology, the Department of Defense-supported study tracked more than 55,000 older veterans. Scientists found that traumatic brain injury was tied to higher rates of stroke, dementia, epilepsy, and Parkinson’s disease both before and after the injury. “Our findings raise the possibility that… [pre-existing brain diseases] are themselves risk factors for TBI in older people,” said study author Carrie Peltz, PhD, of the San Francisco Veterans Affairs Health Care System.

In the year before a TBI, older veterans were about three times more likely to have been diagnosed with stroke, dementia, or Parkinson’s and more than four times more likely to have epilepsy. After a TBI, they were roughly twice as likely to have a stroke or epilepsy. This results greatly build on an Oxford Academic, PubMed-accessible, 2025 study that found, “Among those with TBI, patients with pre-injury dementia had particularly high chronic mortality.” While causality has not firmly been medically defined, the study’s results are clear.