Saturday, 15 of December of 2018

Family Receives $21M Award After Botched Delivery Left Son With Cerebral Palsy

The total represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering.

By Mark Favaloro, North Carolina Birth Injury Attorney

A family who argued that their now-9-year-old son developed cerebral palsy as the result of a botched delivery at a Baltimore, Maryland (MD), hospital won a $21 million civil jury birth injury award on August 1, 2012.

Evidence presented during trial by attorneys from the law firm Wais, Vogelstein & Bedigian convinced jurors that doctors and nurse committed errors in not detecting that the baby was deprived of oxygen while his mother was in labor. Standard practice calls for performing an emergency Caesarean section when hypoxia occurs.

The award represents $18 million for lifelong medical care, $2 million for lost potential wages, and $1 million for pain and suffering. Maryland state law requires the judge to cap the noneconomic compensation at $650,000.

The North Carolina Birth Injury Lawyer’s Perspective

Cerebral palsy, or CP, is a brain injury that often develops when a baby’s oxygen supply is cut off during labor and delivery. The physical and mental effects of the condition vary by individual from barely noticeable to profoundly disabling. For the boy in Maryland, having CP means he is confined to a wheelchair, has only limited control of his arms and hands, and is in full command of his mental faculties. As one of the child’s legal representatives described the boy’s situation, his mind is “literally trapped inside his body.”

The defense team has denounced the jury’s decision as inexplicable and promised to appeal. As a longtime personal injury attorney whose Virginia (VA) firm has represented many families whose children suffered birth injuries, I hope the appeal never materializes. Nothing can restore the health and function the boy in Maryland should have enjoyed. The monetary award at least provides him and his parents financial security and the means to meet his physical and medical needs now and in the future.

Potentially Helpful Info

If you are a parent whose child has been injured due the negligence, recklessness or willful actions of another person, you can begin to learn about your legal rights and options for claiming compensation by downloading this free report.

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My firm also maintains an extensive online library of lawyers’ answers to frequently asked questions regarding medical malpractice, surgical error and birth injury cases.


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.