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Jury Awards Mother and Child $18.3 Million in Birth Injury Lawsuit

After only 90 minutes of deliberations, a jury awarded a Kentucky mother and her child over $18 million in damages in her medical malpractice lawsuit against the hospital and nursing staff who delivered her son. The boy, who is now 7-years-old, suffers from spastic quadriplegia, a form of cerebral palsy (CP), as well as global developmental delay, epilepsy and drooling.

On October 9, 2007, the mother arrived at the hospital to deliver her son. She was in good health, with no anticipated problems for the delivery. The obstetrician ordered she be given a Pitocin drip, which is used to induce contractions. The doctor instructed the nursing staff to not allow the contractions to exceed four contractions within a certain time period. He also instructed the nurses to gradually reduce the epidural medication she was being given, in order for the woman to be able to push during delivery.  

However, evidence introduced at trial showed that the nursing staff allowed the number of contractions to exceed six, instead of the four ordered by the doctor. This went on for a period of over six hours. They also failed to reduce the epidural medication. These failures caused the baby to become stuck in the birth canal, for a period of time, where his supply of oxygen was cut off. That lack of oxygen caused the medical conditions the child suffers from today.

The little boy must take at least five medications regularly and will require continued physical and occupational therapy He also must take speech therapy, get an augmented device for communication and must learn sign language.

According to statistics from the Centers for Disease Control and Prevention (CDC), cerebral palsy (is the most common motor disability in children, occurring in approximately four out of every 1,000 births. The CDC estimates that the lifetime cost to care for an individual with CP is approximately $1 million.

If your child suffered injuries during delivery, contact an experienced Virginia medical malpractice attorney to find out what legal recourse you may have against the doctors and medical staff involved in the delivery.


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