Mother Wins $50M in Birth Injury Lawsuit
Even in states that cap medical malpractice damages, birth injury lawsuits can result in significant settlements. This is because parents are left in the lurch paying for 24-hour care to raise a baby who will now have severe brain damage for the rest of their lives.
This is precisely what happened for Illinois mother Tequila Snow. The initial verdict in this case was $101 million, but the judge capped the verdict amount at $50 million. This money will go towards providing her son, Gerald Sallis, Jr. with in-home care. His mom expressed delight at having her child around the home more often.
In 2014, Snow went to the hospital complaining that she could no longer feel her baby moving. The hospital was alleged to have failed to follow up with her and should have performed an immediate C-section. According to the lawsuit, the hospital performed a test to confirm what the mother had suspected but did not follow up with an immediate C-section as protocol required. As a result, the child was born with severe brain damage. He cannot walk, talk, or feed himself and requires round-the-clock care in order to meet his needs. Without in-home help, his mother would not be able to have the child in her home.
Prior, Gerald was living in a community with those who have severe developmental disabilities. The settlement should afford the child the ability to receive in-home care and have the love of his mom on a daily basis. Of course, in-home specialized nursing care is expensive, and he will need it for the remainder of his life.
How Do Plaintiffs Manage Huge Settlements?
In a case where a parent is suing on behalf of their child, the parents can put the money into a trust and have it managed by an investor. The parent can then make requests of the trust to support ongoing care for their child, purchase clothing, or other necessities, depending on the type of trust it is. Trusts such as these form the economic basis for ongoing care.
In a typical birth injury lawsuit, the child and parents are awarded damages for the child’s reduced quality of life. They are also awarded damages to offset the cost of a lifetime of care they will need. Particularly when brain injury results from medical malpractice, the costs of 24-hour care can be remarkably high. They’re higher still when the child lives at home with their parents.
The litigation process is also a financial strain on the parents who often have to wait years before they get any money to help their children. However, the process has appeared to work best in this case for both the mom and her young son.
Talk to a St. Petersburg Medical Malpractice Attorney
If your child has suffered a birth injury as a result of ineffective medical care, the St. Petersburg birth injury attorneys at Masterson, Hoag & Smith can help recover damages in order to pay for the ongoing cost of their care. Talk to us today to set up a free consultation.