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Judge awards familys $23.1 million in birth injury suit

When a couple is expecting a baby there is so much excitement and planning, but some Maryland families have children who have suffered from birth injuries that leave many of their plans unraveling and their children in need of medical attention. All of the money in the world cannot make up for the stress and worry that comes from having a child who needs special medical attention, but some families do choose to sue for medical malpractice in order to find restitution of their child's injury.

One family recently took such a route, as the Chicago Tribune explains, and a judge awarded them $23.1 million, which is believed to be the largest damages amount awarded by a judge, rather than a jury, for a birth injury. When the mother was giving birth a large pool of blood collected and the baby's heart rate stopped being recorded on the monitors. After a Caesarean section to deliver the baby a blood transfusion was ordered, but there was a delay getting enough blood. In fact, the doctor who was being paged had forgotten his cell phone causing staff to be unable to reach him, so little girl waited three hours to be completely transfused and spent nine weeks in the neonatal intensive care unit. She was later diagnosed with cerebral palsy and epilepsy, and now at age 5, she needs a host of services including speech, physical and occupational therapy. 

Although the doctor did not work directly for the hospital where he delivered the baby, while he was found negligent and the hospital was not, the hospital was still deemed liable for $21 million. As FindLaw explains, even when a doctor or medical staff is not a direct employee, a hospital can still be found liable for negligence in allowing them attending privileges.

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Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
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