A family has been awarded almost $14.5 million by a jury because of mistakes made during delivery that left their son with cerebral palsy.
We’ll talk about it in this issue.
The Case at a Glance
When the infant’s mother was admitted to the hospital for delivery, the doctor failed to notice that her dilation and contractions had been progressing. He incorrectly ordered that an inappropriately high dosage of Pitocin – a synthetic version of oxytocin – be administered to trigger contractions he had completely missed.
Tragically, the infant’s heart slowed over the course of the next hour, and the doctor took steps to speed up the delivery.
The mother should have been taken of the Pitocin, but wasn’t. In fact, the doctor kept her on the drug for the remainder of the delivery.
An internal memo produced by the hospital revealed that the infant, who was crowning, could have been delivered by vacuum or forceps by the doctor chose instead to wait another 10 minutes before cutting an episiotomy and delivering the infant.
Condition of the Child
Because of mistakes made during the delivery, the infant developed spastic tetraparesis cerebral palsy – the most severe of the three types of cerebral palsy and involves loss of use of arms, legs and body.
Even though he’s now 4-years-old, he cannot talk, walk or sit up. He will require 24-hour care for the rest of his life, and the family home will have to be retrofitted for ramps, mechanical lifts and other medical equipment.
How The Jury Ruled
While the trial lasted two weeks, the jury needed only four hours to reach their verdict. They assigned 60% of the blame to the doctor and 40% to the hospital.
Specifically, the family was awarded:
- $3 million for the boy’s pain, suffering and loss of earning potential
- $11.5 million for future medical care
Easy For Medication To Be Administered The Wrong Way
As we wrote in a recent issue, it’s shockingly easy for medical personnel to administer the wrong amount of a medication.
For example, if any of the medical personnel misses a decimal point, the patient could be given ten or a hundred times too much or too little of the medication.
Call The Fitzgerald Law Firm If Your Child Experienced A Birth Injury
If your child experienced a birth injury, we want to talk with you about your options. We’ll investigate your case and aggressively pursue compensation to help cover medical treatments, in-home care, rehab, surgery and other needs.
The first consultation is always free, so call The Fitzgerald Law Firm at 800-323-9900.