Family Gets $58M for Medical Mistake
A Connecticut family has been awarded more than $58 million after a delayed delivery caused their infant to experience a hypoxic brain injury that left him permanently disabled.
Delayed Delivery Caused Hypoxic Event
On January 31, 2003, the plaintiff, who was 38-weeks pregnant, went to see her OBG-YN (the defendant) for a routine checkup. During this visit, the doctor noted that the woman’s amniotic fluid levels were at 50%; the doctor told her to come back in a week. The next day, her water broke. She was admitted into the hospital and a Cesarean Section was performed. The baby was born pale and lifeless, having suffered a hypoxic ischemic encephalopathy (lack of oxygen to the brain). As a result:
- The child developed cerebral palsy and spastic quadriplegia.
- He is unable to speak or perform any other normal function.
- He is fed through a feeding tube.
- He is not expected to live past 40.
Medical Malpractice Lawsuit Filed
The mother and her husband, individually and on behalf of the infant, sued the doctor and his practice. They claimed that the baby should have been delivered when the low amniotic fluid levels were discovered. They also claimed that the doctor was neglectful in delivering the baby, and that he made incisions during the procedure that caused the baby to be wedged into the mother’s pelvic area.
The jury ultimately found in favor of the plaintiffs, ruling that the doctor had strayed from the standard of care by not delivering the baby on Jan. 31 when the low fluid levels were discovered. The jury awarded the family a total of $58,619,989.13.