A Nevada medical malpractice jury has returned its verdict in the amount of $14.5 million against two doctors, finding that their negligence led to a premature baby suffering permanent brain damage after she was born. The now 8-year-old is almost totally blind, is unable to walk, unable to speak, requires tube feeding, and needs transfusions about every three weeks. She is also on a bone marrow transplant list due to the injuries she suffered shortly after birth.
The Nevada medical malpractice lawsuit alleged that the baby was delivered prematurely and treated for eleven weeks in the hospital’s neonatal intensive care unit (NICU). The plaintiffs alleged that the doctors who cared for their baby after she was born failed to advise them that their daughter had a genetic disorder that caused severe anemia and that her body was not producing adequate red blood cells, resulting in the infant suffering permanent and debilitating brain damage.
The Nevada medical malpractice jury held the defendant pediatrician 60% at fault and the other defendant doctor 40% at fault at the conclusion of the trial that ended in late November 2016. The defendant pediatrician died during the pendency of the Nevada medical malpractice proceedings, while he reportedly was waiting for his criminal sentencing after a federal jury convicted him of two counts of wire fraud and two counts of mail fraud involving his alleged mistreat of chronically ill patients using an experimental stem cell procedure. Nonetheless, the defendant pediatrician’s medical malpractice insurance company settled with the plaintiffs for $2 million before trial.
The remaining medical malpractice defendant physician is responsible for $5.8 million of the Nevada medical malpractice jury’s verdict. The Las Vegas hospital where the birth and post-delivery treatment took place reportedly paid $500,000 before trial, to resolve medical malpractice claims against it.
After the Nevada medical malpractice jury returned its verdict, the mother of the child stated, “This verdict means that we can start looking at options to see just how far we can go to providing MaryRose with a life that is as normal as possible. Options that we never would have been able to afford. I will be able to hire a caregiver to work on her walking every day, to coordinate the tons of medical appointments she requires. We will be able to buy specialized equipment to help her to walk and communicate.” The family had moved from Las Vegas to Philadelphia so that the child could receive the specialized care that she needs at Children’s Hospital of Philadelphia.
It is difficult to comprehend the emotional pain that the parents will endure the rest of their lives, contemplating how their child’s life, and their lives, would have been different had the doctors timely and properly treated their little girl after her premature birth.
If your baby suffered a birth injury during labor and delivery or after delivery in Nevada or in another U.S. state, you should promptly find a birth injury lawyer in Nevada 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.