A federal judge has entered a $28 million judgment against the United States in a brain injury case.
U.S. District Judge David Herndon entered the judgment in favor of Sean Cobbs — who suffered a severe brain injury when doctors allegedly did not perform a timely cesarean section — and of his parents, Sean Cobbs Sr. and Patoya Bryant.
The award includes lost earnings damages of $3,216,827, future care damages of $15,165,708, past medical expenses of $231,713, $5 million for the loss of a normal life, pain and suffering damages of $3 million, disfigurement damages of $2 million and $1 million in damages for risk of future harm.
The lawsuit was filed under the Federal Tort Claims Act in November 2010, citing the conduct of three obstetricians. Claims against Southern Illinois Hospital Services and two nurses were settled at a prior date.
The lawsuit claimed that the child’s brain injuries were caused by the failure to perform a timely C-section. According to the lawsuit, medical records indicated that the injury to the brain occurred at or near the time of the child’s birth. However, the government claimed that the injury occurred before the mother came to the hospital.
According to the plaintiffs, the cause of the brain injury was oxygen deprivation, and evidence indicated that it occurred between 40 minutes before birth and ten minutes after birth.