Personal Injury Law Blog
Over 14 million dollars awarded in birth injury lawsuit
An Ohio jury has awarded $14.5 million to a boy who suffered a birth injury.
The jury returned the verdict against a hospital and doctor in favor of the 11-year-old boy and his mother, Stephanie Stewart. The child suffered a brain hemorrhage after a delay in his delivery, and he now suffers from cognitive delays, cerebral palsy, visual impairments and other medical conditions. The family’s attorney said that he will require lifelong care.
The lawsuit was first filed in 2004, but it was dismissed without prejudice in 2006 due to personnel issues with the law firm handling the case. The case was refiled in June 2011.
When Stewart was pregnant in 2003, she went into labor prematurely and was admitted to the hospital on three occasions, where the labor was stopped with medication, her attorney said. Stewart’s water broke on April 10, and she was admitted to the hospital again. A cesarean section had previously been discussed, and Stewart requested that her baby be delivered soon after she was admitted. But the delivery was delayed for several hours, according to her attorney. When the baby showed signs of distress, an emergency cesarean section was performed. By then, the infant had suffered a massive brain hemorrhage.
The jury determined that medical negligence had occurred, and awarded $8 million for future care, $5 million for pain and suffering, $1 million for the cost of Stewart’s services and $500,000 for economic losses.
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