A Philadelphia jury has awarded the family of a child born prematurely a $42.9 million dollar award in a recent medical malpractice case. The verdict in Harris v. Chestnut Hill Hospital was announced on December 20, 2013. This medical malpractice case stems from injuries sustained by the Plaintiff following a premature birth at 25 weeks gestation. The suit alleged that the Defendants failed at act in a timely fashion in taking steps to protect the unborn child. The child was born extremely premature and now suffers from mental retardation, blindness, spastic quadriparesis, quadriparesis cerebral palsy, gastroesophageal reflux and a complex feeding disorder, among other ailments. The jury found the Defendants negligent and awarded such a large verdict in part to provide the child with a lifetime of medical care.
The jury agreed with the plaintiff’s argument that the Defendants failed to recognize the signs that the Plaintiff was going into early labor and did not take the appropriate steps to attempt to delay the premature birth. The Plaintiff was seen for a prenatal examination and it was alleged that there were signs that early labor could occur, including the build up of amniotic fluid. The Plaintiff was sent home and 3 days later the baby was born via emergency C-section.
Birth injuries can occur without negligence, but sometimes a medical professional deviates from standard procedure and fails to employ best-practices to minimize injury. When significant injuries result, a medical malpractice lawsuit can provide compensation to help care for an injured loved one.
If your child was born with a birth injury that you believe was the result of medical malpractice you may be eligible for compensation through a birth injury lawsuit. The attorneys at Lopez McHugh, LLP have many years of experience and proven success in litigating medical malpractice cases and birth injury lawsuits. Contact our office for a free consultation.