A Philadelphia jury last week handed down the largest medical malpractice verdict in the history of Pennsylvania--$182.7 million to a five-year old boy born with cerebral palsy and his mother, against the Hospital of the University of Pennsylvania. See https://pennrecord.com/stories/641916402-philly-jury-hands-down-182-7m-med-mal-verdict-against-upenn-hospital-largest-in-pa-history
The claim was that the cerebral palsy resulted from a delay in performing a Cesarean Section on the mother, who had an infection in her uterus. The delay allegedly resulted in hypoxic-ischemic encephalopathy to the baby—in other words brain damage due to lack of oxygen. This hypoxia resulted in spastic quadriplegia, cerebral palsy and developmental delays. As a result of these injuries, the young boy will need lifetime care.
The boy's lawyers argued that he would need over $100 million for future care plus $80 million of other damages. In addition to denying responsibility for the injury, the defense argued that the boy's life expectancy was limited and that his future care costs were no more than $2.5 million.
So-called birth injury cases like this one highlight the tremendous harm that may occur due to medical negligence surrounding the labor and deliver process, as well as the potentially dire financial consequences for the future care costs of the victims of this harm.
Schmidt, Sethi & Akmajian handles birth injury cases and will carefully evaluate and pursue meritorious cases.
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