One of the largest medical malpractice verdicts has been reached in another state. Delaware residents may be aware of the medical malpractice suit filed on behalf of a 12-year-old boy who apparently suffered birth injuries that resulted in cerebral palsy. The suit has since been settled for some $53 million.
According to the case, which was filed in 2013, the woman claims that doctors and nurses alike mishandled not only the birth, but her entire pregnancy. Representation for the woman and her child say that the medical center has been totally unapologetic these last 12 years even though they did not monitor the mother and child appropriately, leading to brain damage on the part of the baby. A cesarean section may have been enough to prevent the damage, but the center did not conduct one.
The medical center filed for a mistrial before the case even went to a jury, citing an "impossibility" for the defendant to receive a fair trial. It has maintained that the boy's cerebral palsy was the result of an unforeseen infection, and that the birth went by the book with the child registering normal oxygen levels at birth. At this time, a judge still needs to enter a judgment, as the mistrial filings are still pending.
Birth injuries can have long-term effects on the child and parents as well. Delaware residents can no doubt sympathize with the mother of this child who now has to help him dress, bathe and perform bodily functions daily. Thankfully, a medical malpractice award can help this family pull together and support their child despite the challenges foisted upon them.
Source: beckershospitalreview.com, "UChicago Medical Center to pay $53M in birth injury lawsuit", Heather Punke, July 1, 2016