Massachusetts Jury Awards $29.89 Million in Birth Injury Case Filed 11 Years After Birth

A Massachusetts jury recently returned a verdict in a case involving an alleged birth injury that has garnered national attention. In the complaint, the parents of the child alleged that their daughter suffered injuries during birth as the result of negligent care. The daughter was age 11 at the time the plaintiffs brought the complaint. The plaintiffs named six health care providers that participated in the birth procedure, but they did not name the hospital.

The complaint states that sometime on September 5-6, 2004, the mother was 28 weeks pregnant when she began suffering reduced fetal movement. She reported to the medical facility, where she was admitted for overnight observation. At 5:30 pm the next day, the baby’s heart rate reduced rapidly, and the doctors decided to perform a cesarean section to remove the fetus. After the baby was extracted from the uterus, she required immediate resuscitation. Documents admitted at trial and during discovery indicated that the baby suffered a severe injury to her brain due to a lack of oxygen and blood flow. The daughter is unable to walk or speak, is legally blind, and requires a feeding tube.

According to the complaint, the plaintiffs alleged that these injuries could have been avoided had the physicians performed the cesarean procedure earlier.

One of the six physicians named in the lawsuit was dismissed prior to trial. The jury concluded that four of the five remaining doctors did not act negligently during the mother’s time at the hospital and during the cesarean procedure. According to the jury, the one doctor whom they found negligent was a substantial contributing factor in the injuries that occurred. The physician was on call the night of the alleged incident and was reportedly contacted at home but opted to not report to the hospital when he was called.

Some news reports indicate that the negligent physician failed to renew his state medical license in 2011 and has since moved to New York.

The jury awarded the daughter $29.89 million in compensatory damages, reflecting her past and future mental and physical suffering, past and future earning expenses, loss of earning capacity, and damages to compensate her for her past and future medical treatment.

If you or someone you love has suffered injuries as the result of a medical professional’s negligence, you may be entitled to compensation. At the Law Offices of John S. Moffa, our medical malpractice lawyers provide dedicated, compassionate, and experienced legal counsel to personal injury victims throughout Massachusetts. We know how devastating it can be to suffer additional injuries because of complications when you thought you were receiving the medical treatment that you need and deserve. We will help you assess your potential lawsuit, collect evidence, consult expert medical witnesses, and ultimately seek the compensation that you deserve. Call us at 508-362-5554 or contact us online to set up your free consultation.

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