On November 9, 2016, a Georgia medical malpractice jury in a conservative jurisdiction returned its verdict in the amount of $30,545,655 in favor of a now 4-year-old child who suffered a severe, permanent brain injury leading to cerebral palsy as a result of medical negligence during her mother’s labor and her delivery. The Georgia medical malpractice jury trial lasted two and a half weeks after which the jury deliberated for a day and a half before finding in favor of the plaintiff.
The Georgia medical malpractice jury determined that the defendant hospital was 75% liable for the verdict and one of the defendant physicians was 25% liable for the verdict. The defendant hospital reportedly reached a confidential settlement with the plaintiff shortly before the verdict (the defendant had offered $2.75 million to settle the Georgia birth injury medical malpractice claim filed against it several months before trial, which was rejected by the plaintiff). Another physician named as a defendant was found by the jury to not be liable to the plaintiff.
The Georgia birth injury lawsuit alleged that the plaintiff had an ultrasound during her 35th week of pregnancy that showed that her fetus may be suffering from reversal of umbilical artery end-diastolic flow as a result of significant increase in resistance to blood flow within the placenta, which is a very serious condition indicative of placental insufficiency that is associated with intraventricular hemorrhage, bronchopulmonary dysplasia, and perinatal mortality, and may be associated with respiratory distress syndrome, necrotizing enterocolitis, and long-term neurodevelopmental impairment.
The plaintiff alleged in her Georgia medical malpractice lawsuit that it was medical negligence to fail to arrange to immediately deliver her baby, and that the breach in the standard of care led to the baby being born with life-long disabilities that will require 24-hour care for the rest of her life. Instead of planning to deliver the baby urgently, the defendant physician referred the plaintiff to the defendant hospital for monitoring and a maternal fetal consultation.
When the plaintiff arrived at the defendant hospital, there was a delay in admitting and triaging her. The baby was not delivered by Cesarean section for several hours and by the time the baby was delivered, she had suffered a hypoxic brain injury that led to spastic quadriplegic cerebral palsy, a seizure disorder, and developmental delays.
The defense blamed the plaintiff for not controlling her gestational diabetes. The defense reportedly has not determined whether an appeal will be filed, although the defense attorneys were totally surprised by the amount of the Georgia medical malpractice jury’s verdict.
If your baby suffered a birth injury during labor and delivery in Georgia or in another U.S. state, you should promptly find a birth injury lawyer in Georgia or in your state who may investigate your birth injury claim for you and represent you and your child in a birth injury case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find birth injury attorneys in your state who may assist you.
Turn to us when you don’t know where to turn.