$30M Malpractice Birth Injury Verdict: On July 22, 2022, a Georgia medical malpractice birth injury jury returned its verdict in the amount of $30 million in favor of the plaintiff in a case against a hospital and an obstetrician regarding the severe birth injuries suffered by a newborn during labor and delivery. The award included $29 million for the baby and $1 million for the mother who had to have an emergency hysterectomy. The jury found the obstetrician 80% liable for the award and the hospital 20% liable for the negligent actions of its nurse.
The plaintiff’s Georgia birth injury medical malpractice lawyer suggested to the jury that it award the child $50 million in compensation and award the mother $5 million in compensation for the harms they suffered.
The plaintiff alleged during the 9-day Georgia birth injury trial that the defendants failed to timely and properly respond to a likely amniotic fluid embolism during labor and delivery, including failing to properly monitor the baby’s heart rate for 37 minutes during labor and delivery and a delay of eleven minutes in performing the Cesarean delivery after the mother collapsed, resulting in the baby not receiving sufficient oxygen that led to the catastrophic hypoxic brain injury. The baby suffered numerous neurological injuries that left her unable to speak and she requires the use of a feeding tube to eat. The defense argued that the defendants provided appropriate care under the circumstances, arguing that an amniotic fluid embolism was an unforeseen complication and the obstetrician was faced with an emergency situation in which she worked to save the mother’s life before performing the Cesarean section delivery of the baby. The defense further argued that the nurse properly monitored the baby’s heart rate during labor.
The plaintiff’s birth injury medical malpractice attorney stated after the verdict: “This baby girl’s heart rate went completely unmonitored for 24 minutes and then an additional 13 minutes where no one knew with certainty what her heart rate was. Not knowing her heart rate for 37 minutes in the face of multiple danger signs proved to not be defensible. They caused it. They were complacent. And they didn’t catch it.” The defense attorney stated after the verdict: “We are disappointed with the jury verdict in the matter. We believe, as did the defense experts, that the providers provided excellent care and this injury was the result of an amniotic fluid embolism, which is rare, unpredictable, and carries with it significant mortality and morbidity.”
The case is captioned Threat v. Gamble-Webb, et al., Gwinnett County State Court, 19-C-00101-S1.
If you or a loved one may have been injured (or worse) as a result of birth injury medical malpractice in Georgia or in another U.S. state, you should promptly find a Georgia medical malpractice birth injury attorney, or a birth injury malpractice attorney in your state, who may investigate your birth injury medical malpractice claim for you and represent you or your loved one in a birth injury medical malpractice case, if appropriate.
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