Jury awards $18M to parents of child injured during birth
Posted on behalf of Michael D'Amico of D'Amico & Pettinicchi, LLC on Dec 14, 2014 in Brain Injuries
There are many ways that people of all ages might suffer a brain injury. An elderly person might fall and hit their head. A middle-aged person might receive one in a car accident. Some babies suffer brain injuries in the process of being born. These birth injuries may be the result of negligence on the part of a health care provider. When this happens, a medical malpractice lawsuit could be filed against those responsible.
Parents of a child who was hurt in the course of delivery did this very thing. They sued both the doctor as well as the hospital in another state where the boy was born in 2007.
Following his birth, the boy was diagnosed with a form of cerebral palsy, called spastic quadriplegia. This injury is believed to be the result of a deprivation of oxygen during the delivery. That oxygen deprivation may have been due to the amount of Pitocin his mother was administered along with improper monitoring. There was conflicting testimony regarding who ordered the high doses of Pitocin.
The case went to trail and a jury was tasked with rendering a verdict. It did, late last month, determining that the boy should be awarded more than $18 million. In the verdict, the obstetrician was cleared of any wrongdoing and the hospital was held responsible.
When a couple learns they are expecting a baby they inevitably begin to dream about the things he or she will do. When something like this occurs, those dreams change quickly. Because of the medical care the boy needs now and will continue to need throughout his life, his parents are likely pleased with the ruling.
Source: The Daily News, “Jury awards $18 million verdict" Justin Story, Nov. 26, 2014