11-Year-Old with Brain Injury Awarded $14.5 Million in Ohio

by | Jul 11, 2014 | Birth Injury, Firm News |

When it comes to your child’s health, nothing is more important than
making sure they are taken care of properly. In cases like this, children
who are injured at birth face challenges for the rest of their lives.
It’s important that you know that if it’s your child who is
suffering, you can seek compensation for the medical malpractice that
led to his or her condition.

In the news from Garfield Heights, Ohio, the jury in Cuyahoga County awarded
a boy who had suffered birth injuries $14.5 million. The medical malpractice
verdict was based on the child’s injuries, which included a brain
hemorrhage he suffered when his delivery was delayed. The now 11-year-old
boy has cerebral palsy, visual impairments and cognitive delays, and it’s
believed that he will need lifelong care.

The lawsuit was filed once in 2004 and again in 2011 against MetroHealth
Medical Center and the child’s doctor. The lawsuit claims that the
then-36-year-old woman had previously had complications with her first
pregnancy, and that when she was pregnant with her son, she again had
numerous issues. She allegedly went into labor three times and was admitted
into the hospital various times.

On April 10, 2003, it was reported that the woman was admitted to the hospital
at 12:30 p.m. and asked about getting another caesarian as she had previously.
The nurse and residents on call allegedly disagreed. Later, when the attending
obstetrician arrived at around 5:30 p.m., she asked again to deliver her
child via C-section. At that point, the monitors suggested that the baby
was healthy, so he did not order it.

At 9:00 p.m., the baby had to be delivered with an emergency C-section
due to signs of distress. At that point, it was discovered that he had
a massive brain hemorrhage. There was evidence that it had taken place
earlier in the day at around 5:30 p.m. Because the woman was not told
of the risk to her child if he went into fetal distress and her C-section
request was not granted, the jury sided with her.


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