Hospital Liable For Premature Birth Injuries

The family of a teen who suffers from cerebral palsy as a result of a premature birth won a $100 million lawsuit filed against the hospital where the girl was born.

The family of the victim won the suit on Friday. The family claimed in the suit that the 17-year-old and her twin sister were born three months early at the hospital where they failed to receive proper care. One twin suffered a brain injury resulting in cerebral palsy. Her twin sister was okay.

The victim’s mom came to the hospital complaining of pain. The medical professionals who examined her that night sent her home with orders to take Benadryl. They failed to diagnose her correctly as going into labor and failed to take steps to stop the pre-term delivery of the twins.

The victim was born with birth injuries and now has cerebral palsy. The victim complains that she watches as her teenage twin sister goes out with friends and experiences “normal” teen life while she is trapped within her own body because the doctors and nurses failed to stop her mom from delivering so early in the pregnancy, resulting in her developing cerebral palsy.

The victim states that the monetary award will help her do whatever she wants to do in life and give her a little more freedom.

A jury found the hospital liable for $17 million in past pain and suffering and $60 million in future pain and suffering. The award also includes payment for future medical expenses and lost wages, which brings the total to an estimated $103,075,617.82.

Two doctors were also defendants in the suit but were found not liable for damages. One twin was extremely premature, weighing 1 lb. 12 oz. at birth.

Unfortunately, the family will never see the full recovery of the $77 million awarded by the jury for the victim’s birth injury and cerebral palsy. Back in 2010, the hospital went bankrupt and its insurance policy limits are $16 million.

The victim’s dad said “that night they made us leave, and I’ve had to live with that for 17 years. For 17 years my wife felt like she had done something wrong.” The victim’s dad also said that he felt vindicated when the verdict was announced.

This is such an unfortunate situation. It is bad enough that the hospital staff made the grave error of sending the pregnant woman home with Benadryl instead of doing more tests or admitting her overnight. But after the jury awarded the family $77 million, the hospital went bankrupt. It would still be a very sad situation, but if the victim received the award she was entitled to, she would have peace of mind knowing she would have the care she needed for many years to come.

For more information, contact a Gacovino & Lake attorney at 1-800-246-HURT (4878).

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