Evidence of injuries sways jury
In a recent medical malpractice case, a jury awarded a Michigan woman nearly $13 million in a lawsuit against Genesys Regional Medical Center after she claimed medical mistakes during childbirth left her daughter disfigured and without the full use of her right arm. The $12.9 million verdict was awarded after a 38 year old woman claimed that nerves controlling her daughter’s right arm were severed when resident doctors pulled down too hard on the baby’s head after the 8 pound, 8 ounce baby got stuck during childbirth. Lawyers representing the plaintiff said the baby’s arm had become stuck on the pelvic bone during birth and doctors should have done a cesarean section or delivered using a method that would have caused less strain on the baby.
Genesys attorney’s argued that the injuries sustained were due to the natural child birth process. These arguments were rejected by the jury. The jury was more swayed by the fact that the child has undergone multiple surgeries and continues to wear a brace on her right arm, which is malformed, according to court documents. Evidence demonstrated that the injury was permanent, and that it will require continued therapy and assistance in completing basic daily tasks, such as brushing her hair or getting dressed. No C-section was ever requested or offered, according to court documents. The hospital also argued that no issues during labor called for an emergency C-section and that doctors delivering the child used proper techniques throughout childbirth. Regardless, the jury made its award based on the evidence presented, and having a lawyer experienced in medical malpractice claims is important.
Source: Gary Ridley, “Genesee County jury awards nearly $13 million verdict in birth trauma lawsuit against Genesys,” www.mlive.com.