The birth of a child is an exciting, but terrifying, time for expectant parents in New York and across the country. As such, they often rely on medical professionals to provide the advice on how best to proceed. Unfortunately, parents in another state claim that doctor errors caused a brain injury in their son that will have lifelong consequences.
The now 16-year-old boy was born in Aug. 2001. He was born vaginally with the use of a vacuum and forceps. At the time of delivery, he reportedly suffered contusions on his head. Although he was in the neonatal intensive care unit following his delivery and his parents were warned that he could suffer lasting harm, they thought he was developing typically for several years.
As he got older, his parents began to suspect that he was not developing as expected either socially or intellectually. Initially diagnosed as being on the autism spectrum, it was ultimately determined that he suffered from brain damage. Because the boy’s brain was most damaged near one of the bruises he had when he was born, his parents believe that his injuries were caused by negligence during his delivery, including overlooking signs that a cesarean section was necessary. The defendants — including the doctor — argued that the appropriate standard of care was provided.
A jury recently ruled in favor of the family, awarding them $11.35 million. A representative for the family is hopeful that the award will ensure that the boy receives the care he needs for the rest of his life, potentially including a specialized group home. Because families in New York have also found themselves suffering financially as a result of doctor errors, they also choose to pursue justice in a civil court after consulting with an attorney with experience with cases involving such injuries.
Source: ohio.com, “Summit jury awards $11.35 million in lawsuit involving Massillon boy with brain injury,” Stephanie Warsmith, Feb. 16, 2018