Jury Awards $12.6 Million to Brain-Damaged Child’s Family

The Hospital of the University of Pennsylvania will have to shell out $12.6 million in damages after a Philadelphia jury ruled in favor of the parents of a child who suffered severe brain damage during delivery there.

The Legal Intelligencer (subscription required) reports the plaintiffs, Roseann and Donald Hoffer, alleged in their lawsuit that during the last visit before the birth it was discovered the baby was breech. However, the midwife, Carol O'Donoghue, did not order an emergency cesarean section but instead delayed the C-section by scheduling it for the coming week.

The midwife took the decision without consulting a physician and thus the pregnancy moved from low-risk to high-risk, argued the plaintiffs. The delay led to severe brain damage in the child after an emergency delivery became necessary, alleged the plaintiffs.

The 12-member jury found that O'Donoghue was negligent in her care leading to severe injuries in the child, reports the Legal Intelligencer. However, a confidential high-low agreement was reached, so it is unclear how much of the award the plaintiffs will collect.

If you or a loved one have a child who has suffered a birth injury, contact Sokolove Law today for a free legal consultation and to find out if a birth injury lawyer may be able to help you.

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