Government Settles Birth Injury Lawsuit for $25 Million
The federal government settled for $25 million in a lawsuit alleging negligence on the part of U.S. Navy physicians that led to a child to being born with birth-related injuries that include permanent physical and neurological disabilities.
LawyersUSAOnline reports that Jennifer Cibula, her husband and their son, JC, sued the United States in 2006. The suit was filed under the Federal Tort Claim Act and the plaintiffs were able to seek damages under California law, as they lived on a military base in San Diego at the time of JC’s birth.
The family’s lawsuit claimed that negligence on the Navy obstetrician’s part resulted in the infant suffering from hypoxia and severe bleeding in the brain before birth. JC is now 14 and suffers from mental retardation, cerebral palsy, and has little control of his limbs. He uses a wheel chair and needs a stomach tube for feeding. He requires permanent nursing care and cannot function independently, even though his life expectancy is normal, reports LawyersUSAOnline (subscription required).
By the time the suit was filed, the family moved to Northern Virginia. Although the family was awarded a settlement of $28 million in 2007, the issue of whether the payment would be made under California law or Virginia law was not resolved until 2012.
After several rounds of appeals, the parties hammered out an agreement. The total payout is $25,184,489, and includes approximately $1.6 million to pay back the costs of JC’s care between the date of the 2006 judgment and the date of settlement, according to LawyersUSAOnline.
If you or a loved one has been harmed by medical malpractice, contact Sokolove Law today for a free legal consultation and to find out if a medical malpractice lawyer may be able to help you.