Kentucky Jury Awards Mother $18 Million after Her Son Is Born with Cerebral Palsy
Earlier this month in Kentucky, 10 of 12 jurors found that a hospital and hospital staff were negligent in a 2007 birth that resulted in the child being born with cerebral palsy. According to a report by one news source, the woman was admitted to the hospital back in 2007 for an induced pregnancy. It was during this pregnancy that the defendants’ negligence resulted in her son being born with spastic quadriplegia, a form of cerebral palsy.
Evidently, the attending physician gave the hospital staff standing orders to ensure that the woman did not have more than four contractions per hour and to taper her off the epidural medication that she was being given. The doctor’s concerns were that the woman would have a difficult time “pushing” when it came time to deliver.
However, against the doctor’s orders, hospital staff allowed the
woman to have at least six contractions per hour for six consecutive hours.
Additionally, they did not taper her epidural medication. Thus, when it
came time to deliver the baby, the woman did have difficulty, resulting
in the baby being stuck in the birth canal without oxygen for several
minutes. The result was that the child was born with spastic quadriplegia,
a form of preventable cerebral palsy.
The jury awarded several amounts to the woman and her family, totaling roughly $18 million. The bulk of the award, $9.5 million, was specifically awarded for the future care of the child for the rest of his life. Roughly $1.5 million was awarded for the loss of future earning potential of the child. And finally, $4.5 million was awarded directly to the family for the pain and suffering they have endured throughout this tragic event.
Birth Injury Lawsuits
Birth injury cases are a specific kind of medical malpractice lawsuit. Thus, the ultimate requirement the plaintiff proves is that the defendant doctor, hospital, or nurse was somehow negligent in the care that was provided to the patient. This can be done in a number of ways, but there are a few constants. For example, in order to prove a case of medical negligence it is necessary to provide the court with expert testimony explaining what the standard of care should have been and how the defendant doctor fell short. An experienced medical malpractice attorney can help you with the selection of a qualified expert.
Have You Suffered Through a Birth Injury?
If your child was born with a preventable birth injury, you may be entitled to monetary damages based on the negligence of the hospital staff. However, these kinds of cases are extremely complex, and plaintiffs often benefit from the experience of a dedicated medical malpractice or birth injury attorney. The skilled advocates at Wais, Vogelstein, Forman & Offutt have years of collective experience bringing all kinds of medical malpractice and birth injury cases. Call (410) 567-0800 to set up a free initial consultation with a skilled attorney today. There is no fee unless we can recover for you.