Caroselli, Beachler & Coleman, L.L.C.

Girl with cerebral palsy awarded $100 million verdict

The size of the verdict in a recent birth injury lawsuit is noteworthy. A teenage girl suffering from cerebral palsy was awarded $100 million.

The teenage girl was born with cerebral palsy, though her twin city was not affected by the syndrome. The birth injuries she suffered purportedly because of the hospital's failure to treat have resulted in her being unable to roll over in the bed, and she is expected to continue experience pain and suffering due to the cerebral palsy into the future.

It was reported that the two sisters were born prematurely, and such a circumstance could have been avoided if the hospital had promptly provided adequate care. Rather than listen to the concerns of the mother on the day shortly before the premature delivery occurred, hospital staff had provided her with Benadryl and told her to go home.

Yes, the verdict is extremely large. However, there is little chance that the girl will receive the $100 million award in any case because the hospital declared bankruptcy in 2010. At most, it is felt that $16 million will be the amount that plaintiffs ultimately recover.

Medical malpractice attorneys have to negotiate with more than just hospitals. Attorneys will also have to deal with malpractice carriers and other parties responsible for any negligence.

The costs of raising a child with cerebral palsy are enormous. The condition is irreversible, results in a significant reduction of enjoyment of life, and generally requires a lifetime of care. Most of the money recovered will go towards covering the girl's medical expenses as injured patients do not get rich off these types of cases.

Source: New York Post, "Family of SI cerebral palsy teen wins $100M lawsuit against birth hospital," by Josh Saul, August 25, 2012

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Caroselli, Beachler & Coleman, L.L.C.
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