Bizarre Fetal Brain Damage Case Results in $78.5 Million Award
Cleveland, OH (Law Firm Newswire) September 11, 2012 - The jury found medical negligence was the cause of a birth injury and awarded the mother $78.5 million.
“This was a very sad case for the mother of a baby who sustained brain damage and developed spastic quadriplegic cerebral palsy. She had hoped for a normal birth and to deliver a normal baby. Both hopes were brutally dashed as a result of the negligence of the medical center and medical professionals ostensibly helping her give birth,” explained Christopher Mellino, a Cleveland medical malpractice lawyer of Mellino Robenalt LLC, in Ohio.
This story had a few twists and turns that placed the mother at a higher risk for the birthing process, something the delivery team needed to be aware of when it came time to deliver the child. When the mother was 36 weeks pregnant, she was showing signs that the placenta lining was separating from the uterus. The woman’s OB/GYN conducted an ultrasound, with inconclusive results. Fetal monitoring had also resulted in inconclusive results. The doctor told the mother the baby was dead.
“One can well imagine the mother’s surprise when, after being told her child was dead, she was told about two hours later that the baby was actually alive. Once the doctor figured that out, he did an emergency C-section. It was too late. The time delay caused severe brain damage,” added Mellino.
In the discovery process, prior to going to court, the doctor insisted the baby had no heartbeat and was dead and that his ultrasound procedure had been performed correctly. The plaintiff suggested the exam was undertaken with poorly maintained and outdated equipment. Furthermore, the plaintiff’s attorney suggested the baby did not rise from the dead, but that the ultrasound machine was not working correctly, and no one double checked the OB/GYN’s results.
“As it turned out, the machine had not been serviced for over 10 years. The norm is to have it serviced every year. Additionally, there was no technician on call because the mother went into labor on a Sunday. The results of this tragic comedy of errors and negligence was a badly brain damaged baby. The jury handed down such a large award to compensate for the baby’s suffering and pain, for current and future medical bills, lost wages and the mother’s mental anguish,” Mellino outlined.
This case is an egregious example of the worst in haphazard medical care that gravely affected two innocent victims. “If you are in a situation like this, we need to talk,” suggested Mellino.
Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901
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