Birth Injury Lawsuit Nets $20 Million Award Before State Caps

The family of a child who sustained significant birth injuries during his delivery in 2005 has won a $20.9 million award following a birth injury lawsuit, even though controversial state caps decreased the amount of money they actually receive significantly.

Athea Arnett arrived at Washington Adventist Hospital on November 14, 2005 for induction of labor so she could give birth to her son. When she was eventually ready for labor the next morning, the doctor began the delivery process but ran into trouble when the baby’s shoulder became caught on the Athea’s pelvic bone.

According to the Arnett’s lawsuit, the doctor pulled dowon on the baby’s head “forcefully” in order to get him out. Because of the doctor’s forcefulness, the nerves that extend from the neck to the fingers were irreparably damaged – a condition called brachial plexis palsy – and left the baby, who was named Tyler, paralyzed in his left arm.

Had the doctor used a more gentle approach to the delivery, in accordance with the standards of medical care, the lawsuit alleged that Tyler would not have suffered the life-altering injury.

“He gets frustrated a lot when he can’t do certain things,” Athea said of the problems Tyler runs into because of his birth injury, according to Lawyers USA Online. “The kids make fun of him, and he is really hurt by that.”

The jury agreed, and awarded the Arnett’s $20.9 million following the birth injury lawsuit that the family brought against the doctor at the hospital. However, because of Maryland’s statutory cap on non-economic damages in medical malpractice cases in place at the time of Tyler’s injury, the award was slashed to only $1.5 million.

If you or a loved one have a child who sustained a birth injury that was cause by a doctor’s mistake, call Sokolove Law today for a free legal consultation regarding a birth injury lawsuit. For legal help, call (800) 581-6358.

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