$21 Million Dollar Birth Injury Settlement

April 28, 2011

(Courtesy Photo)

A Pennsylvania Medical Center was found negligent in the case of a birth injury lawsuit
which resulted in a record settlement of over $21 million dollars. The Plaintiff, Tina Graham was awarded $21,573,993.10 after jurors found the Hamot Medical Center’s doctors and staff responsible for the injuries sustained during the delivery process of Ms.Graham’s son, Ja’Kareon which resulted in his birth injury
.

Jurors listened on as Ms. Graham shared her testimony for what should have been one of the happiest days of her life back in November of 2006. The mother recalled how when she first arrived to the medical center and was being prepped for child birth, what should have been routine procedures were not handled properly. For example, had the nursing staff monitored the baby’s heart rates and vital signs properly, they would have detected that Ja’Kareon was not receiving proper oxygen which caused him to reposition himself into a breach position. Due to Ja’Kareon’s forced repositioning, an emergency cesarean had to be performed by the doctor and midwife and even though it was a success, it hadn’t been done within the time frame needed to keep little Ja’Kareon from developing cerebral palsy
.
Cerebral palsy is condition that can involve brain and nervous system functions such as movement, learning, hearing, seeing, and thinking. what causes cerebral palsy
? Cerebral palsy is normally caused by injuries or abnormalities of the brain and in some cases by hypoxia (when parts of the brain are injured due to low levels of oxygen in the area) such as that of Ja’Kareon’s case.
After hearing testimony and reaching a verdict, the jury awarded the plaintiff more than $19 million for Ja’Kareon’s medical and physical needs as well as $1.9 million to cover the medical expenses that were incurred because of the birth injury, as well as lost wages suffered by Tina Graham. This settlement is five times the amount ever awarded by a jury in a civil case in Erie County. According to jurors, the doctors should have reacted promptly when signs manifested that something may be wrong with Graham’s delivery and her lawyers stated that, “All defendants completely failed to timely recognize and react to non-reassuring signs”.
If you feel that your child’s birth injury may be a direct result of hospital negligence, it is important to contact a birth injury law firm
who not only understands your needs, but may be able to help you receive compensation that you are entitled to.

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