Family Awarded $130 Million In New York Cerebral Palsy Lawsuit

No amount of money can compensate for medical negligence that results in the permanent injury of a child. However, the favorable results of a New York cerebral palsy lawsuit will allow a Suffolk County family to ensure their daughter receives proper care for the remainder of her life. It was a long, difficult courtroom battle, but the child and her family finally received justice in their case alleging birth injury malpractice. After a legal battle that lasted for nearly a decade, the family was awarded $130 million in damages.

New York cerebral palsy lawsuit alleged medical negligence

According to the New York Post, the lawsuit alleged that the healthcare professionals who delivered the now 10-year-old girl did not notice signs that the child was oxygen-deprived during delivery. According to the complaint, these medical mistakes resulted in her diagnosis of cerebral palsy. The child requires medical attention 24/7, and she has been unable to speak or walk. Although the medical malpractice victim is aware of the world around her, she is unable to care for herself.

Birth injuries are common causes of cerebral palsy, and quite often, these injuries are preventable. Cerebral palsy is a result of brain damage that can occur when delivery room staff fail to promptly respond to symptoms of hypoxia, or oxygen deprivation. There is no cure for cerebral palsy. This movement disorder can result in complications and symptoms such as:

  • Involuntary movements
  • Difficulty walking
  • Difficulty eating
  • Speech delays
  • Stiff muscles or floppy muscles
  • Muscle contracture
  • Malnutrition
  • Osteoarthritis

Three different trials cite birth injury malpractice

The Suffolk County family had three trials before they obtained the $130 million award, which will allow them to pay for the girl’s medical bills and ongoing care expenses. During the first trial for their New York cerebral palsy lawsuit, the lawyers for the hospital offered the family an $8 million settlement, which they rejected. The family lost the first trial, but in 2011, a state appellate court reversed the original verdict.

In 2012, the family went to court against the hospital again. This second trial led to a hung jury. After that, the third trial began in March 2013. The $130 million jury award was signed by the judge on April 17, 2013. The family expressed great relief at the award, and the girl’s mother noted that her “…beloved daughter will be protected for the rest of her life.”

Consulting New York medical malpractice attorneys

All too often, infants suffer birth injuries that could have been prevented with proper medical attention. These birth injuries can lead to debilitating conditions, including brain damage, cerebral palsy, and other disorders. If you suspect that your child’s injuries stemmed from medical errors during delivery, don’t delay in seeking legal recourse. Compensatory damages from a jury award or settlement can pay for your child’s medical bills, rehabilitation expenses, therapy and more.

Contact The Sanders Firm today to learn more about your legal options. Our expert legal team will investigate any possible medical mistakes and pursue just compensation on your behalf. Schedule your free consultation today by calling 1-800-FAIR-PLAY. We never collect a fee unless we win your case. ResourcesNew York Post,>