Saturday, 15 of December of 2018

Johns Hopkins Ordered to Pay $55M for Birth Injury

Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb.

By Mark Favaloro, Birth Injury Attorney

A civil trial jury in Baltimore, Maryland (MD), ordered Johns Hopkins Hospital and its parent company to pay $55 million to a family whose son developed severe cerebral palsy and a debilitating seizure disorder when being delivered at the facility. Jurors determined that doctors and nurses negligently delayed performing an emergency cesarean section, causing the baby to be deprived of oxygen in the womb. The hypoxia was to blame for the birth injuries.

 

 

The Baltimore Sun reported that the jury awarded the parents and child ”$25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for … pain and suffering.” A state-mandated cap on noneconomic damages lowered the last figure to $665,000. All the funds will go into a trust under the boy’s name.

My colleagues and I have written often about the injustice of medical malpractice caps. As a birth injury attorney based in Virginia (VA), I consider the other components of the award fair.

Birth injuries can be devastating when they occur and lead to a lifetime of struggle for victims. In this case, the disabled child is confined to wheelchair and requires expensive around-the-clock medical and personal care. As he matures into adulthood, he will most likely be unable to work. Both he and his parents need to know the financial resources to give him the best life possible will always be available.

Lawyers for Johns Hopkins have promised to appeal the decision. I hope their efforts do not succeed. The family has suffered greatly, and their means for meeting challenges that could prove overwhelming should not be denied to them.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.