After a two-week trial and a day of jury deliberations, on February 15, 2018, an Ohio medical malpractice jury returned its verdict in the amount of $11.35 million in favor a child who suffered brain damage due to alleged medical negligence during his delivery.
The parents brought the Ohio birth injury medical malpractice lawsuit on behalf of their now 16-year-old son who has social as well as intellectual disabilities and will require life-long specialized care as a result of the brain damage he suffered during birth. The defendant OB/GYN denied that she caused the child’s brain injury and argued that her care met the required standard of care.
The Alleged Underlying Facts
The child’s parents alleged in their Ohio birth injury medical malpractice case that the defendant OB/GYN negligently failed to deliver their baby by Cesarean section delivery on April 26, 2001 and that a C-section delivery was necessary because vaginal delivery was contra-indicated due to the large size of the baby, the delivery being the first for the mother, and the baby’s head facing in the wrong direction. Instead, the OB/GYN delivered the baby vaginally, using vacuum and forceps for the delivery.
The Ohio medical malpractice plaintiffs alleged that their baby was traumatized during the delivery as evidenced by contusions and bruising on the newborn’s body. The newborn was admitted to the Neonatal Intensive Care Unit (NICU) where the parents alleged they were told that their baby may suffer lasting injuries.
Their child appeared to be functioning normally at first but as he got older, the parents noticed that he was socially and developmentally behind other children of his age. The parents were hopeful that their son would catch up with the other children but by the age of nine or ten, they began investigating their son’s situation.
The initial diagnosis was autism spectrum but a subsequent brain MRI found an area of brain damage that the parents’ alleged in their Ohio medical malpractice birth injury lawsuit was due to the injuries he sustained during delivery, pointing out to the Ohio medical malpractice jury that the area of brain damage was just below the area on his head that sustained the largest contusion at birth.
The Ohio medical malpractice jury found that the defendant OB/GYN was negligent in failing to perform a timely C-section when it was apparent that both the mother and baby were in distress, and the jury was concerned with the lack of the defendant OB/GYN’s communication with the mother during labor and delivery that prolonged and protracted her labor. The lack of proper medical charting also hurt the defendant OB/GYN’s claim that she provided appropriate and timely medical care during labor and delivery.
The Ohio birth injury jury awarded $9.5 million for the child’s future economic loss and $1.85 million for his future noneconomic loss but did not award any damages to the parents for their claim of loss of companionship and loss of consortium.
The medical malpractice defendants have not indicated whether they will appeal the Ohio birth injury verdict.
If you or your baby suffered a birth injury (or worse) during labor and/or delivery in Ohio or in another U.S. state, you should promptly find an Ohio birth injury lawyer, or a birth injury lawyer in your state, who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.
Click on the “Contact Us Now” tab to the right, 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.
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