| Cerebral Palsy Articles Jury Verdict Supports Minnesota Family in Medical Negligence Suit Following a second trial and three weeks of testimony in a lawsuit filed on behalf of a 6-year-old boy by his parents, a jury in Minnesota issued a unanimous verdict of medical negligence against Dr. Allan Ross, Northside Medical Clinic of Ortonville, and the Ortonville Hospital. The November 2008 settlement awarded nearly $9.6 million in damages for negligence According to the West Central (MN) Tribune, the case was first tried during the summer of 2008 in Ortonville, the location of the hospital and the doctor’s practice, but it resulted in a hung jury. Judge Gerald Seibel then granted the plaintiffs’ request for a change of venue. During the second trial, the jury heard expert testimony from six medical doctors called to testify by attorneys for the family. The witnesses said that negligence by the doctor and nurses during and immediately after the child’s labor and birth in May 2002 caused cerebral palsy, with permanent brain damage and severe, lifelong disability. Defense attorneys called an equal number of expert doctors who opined that no negligence was committed. The parents, Ross, and the nurses involved in the birth also testified. In the decision, the jurors attributed 70 percent of the negligence to Ross and 30 percent to the hospital nurses. The majority of the $9.6 million recovery will be placed in a court-approved trust for the boy’s future expenses, with a small portion paid to the parents to cover medical expenses from the time of his birth until he turns 18. Only a portion of that will actually be paid because of pretrial agreements. (Source: West Central (MN) Tribune) |
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