A family has been awarded $55 million to cover the expenses required to care for their son that was injured during his birth, nearly five years ago, when medical staff failed to see that he needed more oxygen, as reported by The Express-Times.
The boy's parents did not seek any damages on their own behalf.
A Lehigh County jury handed down the award on December 24. The defendants were St. Luke's University Hospital and Dr. R.K.
One of the attorneys for the family, Paul Lauricella, said, "I think it's the largest verdict for a single plaintiff in the history of the county."
Lauricella, along with his partner, Slade McLaughlin, argued that both the hospital and Dr. R.K. were guilty of ignoring the signs that M.C. was in distress during his delivery. The attorneys argued that the boy should have been removed safely from the womb by Caesarean section. Instead, he failed to get the oxygen he needed when he got stuck during the vaginal delivery.
S.C., M.C.'s mother, hemorrhaged during the delivery and had to have an emergency surgery.
The trial was two weeks long with Judge J. Brian Johnson presiding.
According to the suit, due to M.C.'s oxygen deprivation he now suffers with cerebral palsy and is severely developmentally delayed.
The jury laid blame on each of the two defendants for the child's disabilities; 50 percent each.
Ken Szydlow, the spokesman for Luke's University Hospital, released this statement: It is always difficult to accept when the outcome of a patient's care is not what is expected or desired. But it is especially hard when a child is involved. In the case of this baby, we know our staff provided appropriate care and did not cause harm to the baby. During this unfortunate trial, nationally renowned experts from Johns Hopkins, Harvard and Children's Hospital of Philadelphia agreed with St. Luke's. Despite the testimony of these experts, the jury had a different opinion. Unlike medicine, the legal system is not a precise science. In any event, our hearts and sincere wishes go out to the baby and his parents and family in this holiday season and in the years to come.
Lauricella had this comment regarding his client's arrangement, "Dr. and Mrs. (C.) were a wonderful set of plaintiffs. They didn't seek a dime for themselves. They had the option of being plaintiffs. All they were interested in were the interests of their son. These are really great parents whose efforts on behalf of their child were not lost on the jury."
Lauricella further commented that medical experts that gave testimony on behalf of the family could be credited, along with M.C.'s parents, for ensuring that the child will receive long-term care.
Just before the jury reached a verdict the plaintiffs and defendants struck a deal. It is expected that the $55 million award will be somewhat lessened.
You can sue medical staff or a hospital if you too have been hurt while under the care of a doctor. There is no reason to silently suffer! Contact a medical malpractice attorney today for help!