Birth injury causing cerebral palsy results in $58 million verdict

Parents of a child whose son sustained a life-changing injury at birth were recently awarded a record $58 million verdict in a medical malpractice case. Their son was born in 2003, and a brain injury at birth caused him to develop cerebral palsy. Now, eight years later, the little boy requires 24-hour care in his Connecticut home. He is unable to walk, talk or eat by himself. He is fed through a tube and uses a wheelchair.

Prior to going into actual labor, the mother's amniotic fluid levels dropped significantly, putting her unborn son at serious risk. However, her doctor waited several days before performing a Cesarean section. To make matters worse, the surgery was performed incompetently. The baby was born blue, limp and not breathing. He was placed on a ventilator, and he was having seizures. The baby lost oxygen to his brain and suffered extensive brain damage, which is known to cause cerebral palsy.

The parents accused their doctor of waiting too long to perform the Cesarean section, and the jury agreed. After a month-long trial, the couple was awarded $50 million for the pain and suffering they and their son have endured, along with $8 million for their son's past and future medical expenses.

Although money can never truly compensate them or their son for the freedom and potential their son has lost, the parents now feel hopeful because their mounting medical bills will be paid and that their son's future medical bills will be taken care of.

The doctor's lawyers continue to argue that the doctor followed the "rules" and insist they will appeal the verdict. Whatever he may claim, his actions resulted in permanent physical harm and loss of potential for this little boy and a tragic existence for these parents. This case should give hope to Maryland parents who may be struggling with medical expenses and the tragic consequences of an injury suffered during the birth of a child.

Source: Daily Mail, "Parents awarded $58m after botched delivery left their son with cerebral palsy," Oliver Pickup, 27 May 2011