$58 Million Jury Award in Cerebral Palsy Lawsuit

Jacky Gale | March 12th, 2013

Cerebral Palsy Lawsuit

When a doctor begins to use foul language while delivering a baby, it’s a sure sign that something isn’t right. And indeed, a series of medical errors allegedly led to a Connecticut boy’s diagnosis of cerebral palsy, resulting from brain damage sustained at birth. The subsequent cerebral palsy lawsuit resulted in a $58 million jury award for the family, which is the largest jury verdict ever for a medical malpractice case in Connecticut. It is unknown if an appeal was filed, although at the time of the verdict, the lawyer for the defendant did vow to appeal the decision.

Series of mistakes led to cerebral palsy lawsuit

The minor child was born in February 2003 via Cesarean section. Although the defendant determined that the mother had half the normal volume of amniotic fluid, a condition that typically prompts an urgent C-section, he did not initiate the procedure at that time. Instead, he sent the mother home. When the mother went into labor, it was determined that the baby was in breach position.

According to the complaint, not only did the defendant delay the C-section, but he also made incisions in the wrong places, which apparently resulted in a struggle to get the child out. Upon delivery, the child was not breathing or moving. The doctors were able to resuscitate the child, but the damage was already done to his brain due to lack of oxygen. The boy requires ongoing medical care. He suffers from seizures, and he is unable to walk or stand up by himself. He also requires someone else to feed him.

The cerebral palsy lawsuit further alleges that the defendant failed to properly care for the baby prior to the delivery, and that the defendant failed to have the proper medical staff on hand. The mother also claimed that the defendant failed to notify her of all of the potential risks and complications of the C-section.

Common causes of cerebral palsy

Medical malpractice lawsuits are often filed as a result of a diagnosis of cerebral palsy. Cerebral palsy is a movement disorder that can cause serious symptoms and complications, such as neurological problems, motor skills delays, involuntary movements, and communication problems. The causes of cerebral palsy can include asphyxia, or a lack of oxygen in the brain, during a difficult delivery. Quite often, this problem is preventable.

If the medical personnel do not notice the signs of fetal distress, fail to perform a C-section in a timely manner, or inappropriately use medical equipment, the newborn can suffer from brain damage and be diagnosed with cerebral palsy. These are common medical errors cited in a cerebral palsy lawsuit.

Consulting a New York medical malpractice lawyer

Although no amount of money can reverse a child’s brain damage and cerebral palsy, a jury award or settlement can provide for the child’s long-term medical care needs, therapist services, and similar expenses. If you believe that your child’s cerebral palsy could have been caused by birth injuries as a result of doctor negligence, the lawyers of The Sanders Firm are here to help. Contact us today for a free case evaluation with a New York medical malpractice lawyer to determine if your family is eligible for compensatory damages. Residents of Manhattan, Queens, Brooklyn, Bronx, Staten Island, and Long Island are encouraged to call toll-free at 1-800-FAIR-PLAY.