| Cerebral Palsy Articles Family Awarded $11.4 Million for Son’s Cerebral Palsy In October 2008, a Wisconsin jury awarded more than $11.4 million in damages to the family of a three-year old boy with severe cerebral palsy. In the lawsuit, the child’s parents claimed his brain injuries were caused by negligent care during his delivery in August 2005. The suit claimed the hospital staff “failed to act appropriately” and failed to deliver the child “in a timely fashion.” It also argued that fetal monitoring strips showing the baby was under stress were misread and that the doctor was not called in when the delivery was not progressing normally. After three weeks of testimony from experts with differing opinions on the quality of care and whether it played a part in injuries that left the child with cerebral palsy and in need of constant care, the jury found that Glenda Pinkham, a certified nurse midwife, and Michelle Dwyer, a registered nurse, were responsible but cleared Dr. Shannan Stephens of any wrongdoing. A hospital spokesperson said the hospital is evaluating whether to appeal the jury’s decision. The case remains in litigation with additional motions to be heard before it is resolved. The jury awarded the family $310,369 for past medical and health care expenses; $5 million for future care; $387,000 for the boy’s loss of earning capacity; $3.25 million for the boy’s past and future pain, suffering and disability; and $2.5 million for the parents’ loss of society and companionship. (Source: LaCrosse (WI) Tribune) |
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