$4.2 Million Birth Injury Verdict Upheld on Appeal
This lawsuit went all the way up to the Connecticut Supreme Court. It pitted an obstetrical clinic against the parents of a newborn baby who suffered severe nerve and permanent damage during her birth. Birth injury lawsuits are among the most common medical malpractice lawsuits filed. They are also among the largest payouts. This is because the parents of the child are responsible for caring for the child for the rest of their lives. The money won from the lawsuit is set aside in a trust to pay for the child’s health care over the court of their life.
In this article, we’ll discuss the lawsuit, how it happened, and why the case went to the Supreme Court.
Difficult births tend to result in more injuries to the baby. The physicians tasked with the care of both mother and baby are expected to monitor the condition of both and have means at their disposal to ensure the safe delivery of the baby. This includes performing a C-section when the mother’s birth canal runs the risk of injuring the baby during the delivery.
In this case, the baby sustained severe damage to the nerves that control the arm. As a result, the baby will not have the use of their arm for the rest of their life. The child will miss out on a lot of opportunities that other children have, such as playing sports. It will also restrict the type of work they will be able to perform over the course of their life.
Why Did the Case go to the Supreme Court?
The attorneys defending the obstetrics clinic did not file the necessary appeal in time. The obstetrical group had 20 days to file an appeal and missed the deadline. They attempted to file the appeal anyway. They kept appealing the verdict until the case made its way to the Connecticut Supreme Court where they ultimately lost.
The court ultimately upheld the award for the plaintiffs, so the obstetrical clinic will now owe interest on the jury award. That sum will be paid in addition to the $4.2 million the Supreme Court says they owe to the family of the child.
Talk to a St. Petersburg Medical Malpractice Attorney
If your child is injured by a negligent doctor during delivery, you may have cause to file a birth injury lawsuit against the doctor. Call the St. Petersburg medical malpractice attorneys at Masterson, Hoag & Smith today to schedule a free consultation and learn more about how we can help.