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Parents of birth injury victim awarded $15 million


Posted by Brendan Faulkner of D'Amico & Pettinicchi, LLC on Aug 27, 2013 in Birth Injuries

The amount of money is not what is important, said one father recently. It is about acknowledging that a mistake was made and taking ownership of that mistake in order to hopefully prevent it from happening again. He and his wife were recently awarded $15 million in a medical malpractice suit after their daughter suffered permanent injuries at birth. The girl, who is now 9, suffers from cerebral palsy in her arms and legs and requires constant care as a result of the birth injury

Connecticut parents may be in the same situation as this family. There is no amount of money that can undo this type of mistake or truly compensate them for the damages suffered as a result, but taking legal action and securing a financial award sends a powerful message that negligent parties will be held accountable. In this case, it was a doctor and a medical center that were named in the malpractice suit. 

According to the lawsuit, the mother opted to have a fetal blood sampling procedure conducted when she was 33 weeks along in her pregnancy. At the time that a needle was repeatedly poked into the umbilical vein during the testing, the fetus was in distress. But due to insufficient staffing and inattention to the distress signals indicated on an ultrasound, the fetus suffered irreparable damage and was born with permanent physical and mental disabilities.

After hearing about the events that led up to the girl's birth, a jury found that the parents should be awarded $15 million from the hospital and the doctor named in the suit.

Even though the family may ultimately only collect about 10 percent of that total due to state limits on malpractice awards, the compensation that this family receives will be helpful in paying legal fees, medical bills and covering ongoing care costs for their daughter.

Source: The Associated Press, "SW Ind. jury sides with couple in malpractice suit," Aug. 27, 2013