On December 26, 2014, a judge in Ohio entered judgment in the amount of $28,745,991 in favor of the medical malpractice plaintiffs in a case in which it was alleged that the defendants’ medical negligence led to the plaintiffs’ child being born with cerebral palsy due to oxygen deprivation during the child’s birth on February 24, 2010. The Ohio medical malpractice lawsuit was filed in 2011 and was tried before a judge (no jury was involved) in December 2014.
The Ohio medical malpractice defendants named in the medical negligence lawsuit were the obstetrician, two nurses involved with the labor and delivery, and the hospital where the birth took place. One of the nurses was subsequently dismissed from the lawsuit. As of the date that the judgment was entered, only the remaining nurse and the hospital where the birth took place remained as defendants. The judge’s award of damages does not state who will pay the damages awarded.
The plaintiffs alleged in their medical malpractice lawsuit that the defendants’ medical negligence caused their baby to not receive sufficient oxygen during labor and delivery that resulted in the baby suffering a permanent and irreversible brain injury leading to the development of cerebral palsy. The now five-year-old child suffers from developmental delays, communication and mobility disabilities, and the inability to function as a normal child of his age; he will require assistance with activities of daily living, including assistance with personal care, bathing, dressing, positioning his body, and mouth care, around-the-clock for the rest of his life. The damages awarded by the trial judge include $500,000 awarded to each of the child’s parents for their noneconomic damages, $24.9 million for the cost of the child’s future medical care, and $2.9 million for the child’s loss of earning capacity due to his severe injury.
The same Ohio court where the December 2014 award was entered was also the court in which an Ohio medical malpractice jury awarded $13.9 million to the plaintiffs in 2010 involving a similar birth injury claim against an obstetrician who delivered a baby at the same hospital named as a defendant in the 2011 medical malpractice case. The child in the earlier case was allegedly deprived of oxygen during labor and delivery in January 2000 that resulted in the child developing cerebral palsy. The judgment entered in the early case was appealed and the case has not yet been resolved.
If your child suffered a injury during birth and/or has been diagnosed with cerebral palsy, the cause of your child’s injury or cerebral palsy may be due to medical negligence, for which the responsible parties may be held accountable.
If you may have a birth injury claim, you should promptly seek the legal advice of a local birth injury lawyer in your U.S. state who may investigate your birth injury claim for you and represent you in a birth injury case, if appropriate.
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