Long Island Family Files Cerebral Palsy Lawsuit, Wins $130 Million

Staff Writer | April 25th, 2013

New York Cerebral Palsy LawsuitSt. Charles Hospital was ordered to pay $130 million in damages for the birth injuries sustained by a child in a New York cerebral palsy lawsuit, according to the New York Post. A Long Island jury held the hospital responsible for making mistakes during the delivery of the child that led her to suffer from cerebral palsy and other injuries for the past ten years. Prior to receiving the nine-figure judgment, the child’s family persevered through two other trials that resulted in an unfavorable ruling and a hung jury, respectively.

The parents of the child chose to file a birth injury malpractice lawsuit against St. Charles Hospital after their daughter sustained severe brain injuries when she was born in 2002. The plaintiffs claimed the medical staff engaged in negligent conduct that deviated from acceptable standards of practice. According to the legal documents, the medical staff failed to notice the fetus suffered from oxygen deprivation and didn’t provide a timely update to the obstetrician regarding the condition of the fetus. As a result, the child’s delivery was delayed and she sustained permanent injuries that prevent her from walking, speaking, and eating without assistance. The family’s lawyer stated that if the child has been delivered 15 minutes sooner, her injuries could have been avoided.

In 2009, the hospital offered to settle the case for $8 million before the first trial was scheduled to start. The family rejected the offer and proceeded with the trial since the money wouldn’t have sufficiently covered all of the child’s future medical expenses. At the conclusion of the trial, the jury ruled in favor of the hospital and the family didn’t receive any damages. The state appellate court reversed the verdict and granted the family a new trial. During the second trial, there was a hung jury. In March 2013, the third trial started in the Suffolk County Supreme Court and resulted in the $130 million verdict. The amount of damages awarded in the case brought the family much-needed relief. The child’s mother stated that after enduring 10 years of agony, they know their child will be protected for the rest of her life.

Birth injury malpractice in New York

Every year, thousands of patients in New York sustain serious and fatal injuries as a result of medical errors. The New York medical malpractice attorneys at The Sanders Firm understand the emotional and financial burdens placed on families when their child has sustained serious injuries. We use our resources and legal expertise to assert our clients’ rights and hold the liable parties accountable for their actions. For more than 40 years, The Sanders Firm has helped clients get the compensation they are entitled to receive and secured millions of dollars in settlements and court judgments.

If your child has suffered severe birth injuries due to a hospital’s negligence, it can have a detrimental impact on the child and the entire family. In some instances, a parent may have to stop working in order to become a full-time caretaker for the child. The medical expenses associated with a birth injury such as cerebral palsy will likely continue for the rest of the child’s life. Therefore, it is imperative to know your rights and determine the best course of action to protect the welfare of your family.

If a medical malpractice attorney isn’t contacted right away, the family could lose the right to seek financial compensation for the hospital’s negligent actions. In New York, legal action against a private or nonprofit hospital must be initiated within 30 months from the date the malpractice occurred. Failure to file a lawsuit within the appropriate time frame prohibits the patient from pursuing any legal action in the future.

File a New York cerebral palsy lawsuit

If your child has suffered a birth injury due to medical malpractice in Manhattan, Brooklyn, Queens, Staten Island, the Bronx, or Long Island, call The Sanders Firm for legal assistance. Our experienced New York medical malpractice attorneys will evaluate your potential claim and explain your legal options. Schedule a free, no-obligation consultation today by calling toll-free: 1.800 FAIR PLAY (800.324.7752).