Jury Awards $21 Million in Birth Injury Lawsuit

June 7, 2011

According to a recent article published in the Erie Times-News, an Erie County Pennsylvania jury has awarded the mother of a twin boy with cerebral palsy a $21 million dollar settlement. Tina Graham, the mother of the brain injured boy brought a birth injury lawsuit against Hamot Medical Center in Erie Pennsylvania. The suit alleged that the medical center was at fault for causing the birth injury that resulted in her son’ cerebral palsy.

During the birth of her son in November of 2006, Graham contended that the nursing staff on hand failed to properly monitor her fetal heart rates and vital signs. As a result of this alleged negligence, her son suffered lack of oxygen and shifted into the breach position during delivery. This caused the doctor and midwife to perform an emergency cesarean section birth. Although the procedure was able to save the baby, he was born with cerebral palsy as a result of the complications.

The article explains that the boy, who is now almost five years old, is still completely dependent on nursing care, fed through a tube, and is unable to communicate his needs vocally. The Erie County jury found the doctors and medical center to be 100% at fault for the boy’ cerebral palsy. The plaintiff’ attorney argued that the doctors did not act appropriately upon seeing the signs that the baby was in distress. Graham’ lawyers stated in court records that “all defendants completely failed to timely recognize and react to non-reassuring signs.”

According to the verdict passed down in Graham v. Townsend , $19,588,217 million dollars was awarded for future medical expenses and $1,424,314.10 was awarded for past medical expenses and $561,462 was for lost earning capacity. There were no awards for non-economic damages. Chicago birth injury lawyers have also represented families in lawsuits with jury awards this high in similar birth injury cases. However, each lawsuits must be assessed on its own unique facts.