Earlier this month, Maryland’s highest court rejected a final appeal by MedStar Harbor Hospital in a birth-injury case that resulted in a $20.6 million verdict against the hospital. According to a recent article by the Baltimore Sun, the family of a boy born with cerebral palsy and other severe disabilities will receive the $20.6 million figure plus interest since the original verdict was rendered back in 2012.
Evidently, the birth injury was caused when the young boy was deprived of oxygen at birth. Rather than perform a cesarean section, the delivering physician opted for a prolonged vaginal birth.
After his birth in 2002, the boy had to undergo a series of major surgeries in order to regain movement in his limbs. Even after those surgeries, he still only has limited use of his limbs. His parents have been forced to work opposite shifts so that one of them can always remain home with their son.
Full and Fair Compensation Versus a “Runaway Verdict”
Back at the time of the verdict, and today as well, doctors and hospitals have called for a no-fault birth-injury fund to be created to help compensate the victims of preventable birth injuries and also to prevent “runaway verdicts.” Proponents of the fund argue that many jury verdicts in birth injury cases are excessive.
However, as this blog has discussed in previous posts, a no-fault birth-injury fund comes with a significant set of drawbacks for the victims of birth injuries, including arbitrary determinations of what types of injuries qualify for the fund as well as a lack of total funds to support the vast number of children who may qualify. Those who oppose the fund also claim that it would only protect bad doctors and prevent true injury victims from receiving full and fair compensation for what they have been put through as a result of a hospital employee’s negligent actions.
Regardless of whether the no-fault birth-injury fund eventually becomes the implemented in Maryland, it will not have an effect on the family mentioned in this case, as their lawsuit had already gone through the appellate process. If you have given birth to a child with a preventable birth injury, call a dedicated Maryland birth injury attorney to see if you may qualify for financial compensation.
Was Your Child Born with a Preventable Birth Defect?
If you have recently given birth to a child whom you believe suffers from what was a preventable birth injury, you may be entitled to monetary compensation based on the delivering physician’s negligence. Depending on the facts of the case, there may also be a cause of action against the hospital where the child was delivered. However, before proceeding on your own, call a dedicated Maryland birth-injury attorney for a free case evaluation. Call 410-654-3600 today to meet with an attorney at Lebowitz & Mzhen Personal Injury Lawyers, a preeminent Maryland personal injury firm with decades of experience recovering for their clients in all kinds of personal injury claims, including birth injuries.
More Blog Posts:
Vile Conditions in DC Hospital Leads to Jury Verdict for Former Employee, Washington DC Injury Lawyer Blog, August 14, 2014
One Dead, Dozens Injured in DC Metro Smoke Incident, Washington DC Injury Lawyer Blog, January 16, 2015