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Couple gets $55 million award over brain-damaged infant

A Baltimore jury awarded a couple $55 million damages, over their claims that Johns Hopkins Hospital’s negligence resulted in their son being born with severe mental and physical disabilities.

A story in the Baltimore Sun says it was one of the largest malpractice judgments in Maryland history.

The mother, Rebecca Fielding, had wanted to deliver her baby at home with the assistance of a midwife, the story says. But after an ambulance took her to the hospital one morning in March, 2010, she ended up waiting more than two hours for an emergency Caesarian section.

She and the baby’s father, Enso Martinez, contend the extended wait caused a loss of oxygen to their son’s brain and led to his cerebral palsy.

The jury award includes $25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for non-economic damages such as pain and suffering. But because of a state cap on damages, Fielding and Martinez will receive about $29.6 million.

According to the Maryland Department of Health and Mental Hygiene, 24 cases of significant birth injury were reported by hospitals in 2011. That’s down from 30 cases in 2010, the report says.

If you or a loved one have suffered a traumatic brain injury, check with Lopez McHugh for a free consultation to see what your legal options are.

See the story here: