Recently, a jury awarded a 6-year-old girl $40.3 million in a birth injury lawsuit. According to the complaint, the girl sustained a spinal cord injury during birth. Prior to delivery, the baby had been in breech position, with her feet presenting first. Attorneys for the family presented expert testimony at trial that indicated that as a result of the doctor’s and other health care providers failure to properly protect the baby’s head and neck during delivery, she became paralyzed from the middle of her chest down. Due to her injuries, the girl is unable to stand on her own. She also requires therapy multiple times a week.
The verdict award in this case will go towards paying for a lifetime of care for the child. Attorneys for the family asserted that the obstetrician who performed the delivery lacked sufficient training, expertise or qualifications to perform such a risky procedure and that the delivery was conducted in an “aggressive” manner.
When birth injuries occur, the results can be catastrophic and last a lifetime. Some of the more common birth injuries include brain injuries, shoulder dystocia/brachial plexus damage, and spinal cord injuries. When harm occurs due to negligent medical care, it may be possible to file a medical malpractice lawsuit and recover damages.
In this instance, $30 million of the award will be set aside for future medical expenses, with the remainder designated for pain and suffering. In California, the amount that may be recovered for pain and suffering is capped at $250,000.
For more information or if you believe your child suffered harm due to negligent care ay birth or any other type of medical malpractice, please contact our dedicated and compassionate California birth injury lawyers at Bostwick Peterson, LLP for an immediate consultation.