$43,940,000 – Brain Damaged Child, Birth Injury Cerebral Palsy

Posted in and tagged by Kenneth A. Wilhelm, Esq.

A hospital did not diagnose fetal distress on a pregnant woman appropriately or expeditiously which led to the baby’s permanent injuries of brain damage and cerebral palsy from lack of oxygen to the brain. There was a delay in diagnosing fetal distress and in ordering a caesarean section delivery. The delay caused a reduction in oxygen to the baby’s brain. The defense attorneys contended that the baby’s injuries were caused by his prematurity and not by the lack of oxygen to the brain and they contended that the obstetrical care was appropriate. A $43,940,000 verdict was recovered for the family.

Our firm worked with another firm to reach this verdict. The verdict was so huge that it was reduced to $7,000,000 on appeal.

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