Mich. Woman Awarded $13M for Daughter’s Birth Injuries

Mich. Woman Awarded $13M for Daughter’s Birth Injuries 

By Courtney Coren

A Michigan woman was awarded almost $13 million in a birth injury lawsuit against the hospital where her daughter was born and suffered permanent injuries to her right shoulder, allegedly as a result of medical mistakes during her birth. 

Following a 12-day trial, the jury at the Genesee Circuit Court in Flint, Mich. decided on Sept. 27, 2013, to award Libbey Bryson $12.9 million for her daughter’s birth injuries. Circuit Judge Joseph J. Farah said it was the largest award he has seen in any of the trials in his courtroom since he began hearing civil lawsuits eight years ago. 

On Jan. 1, 2008, Bryson was in labor with her daughter, when the baby reportedly became stuck in the birth canal. The Michigan mother claims that the doctors pulled too hard on the baby in an effort to get her out, which Bryson alleges caused the nerves that are necessary for controlling her daughter’s right arm to sever. The birth injury, Bryson alleges, was the result of medical mistakes and have caused her daughter to be disfigured and without full control of her right arm. 

The girl, now 5 years old, has had to undergo several corrective surgeries, and she still wears a brace on her malformed right arm, the birth injury lawsuit stated. Bryson argued that the doctors should have opted for a caesarian section when the baby could not move naturally through the birth canal after her arm got stuck on the pelvic bone, instead of forcing her through. 

The hospital claimed that a caesarian section was neither requested by Bryson nor offered by doctors. It was not offered, Genesys said in its court documents, because it was not deemed necessary by doctors during the delivery. 

The hospital stands by its doctors and said that proper techniques were use through the child birth. Hospital officials added that Bryson was treated appropriately. 

According to hospital spokeswoman Cindy Ficorelli, the hospital may appeal the verdict.

“While we appreciate the jury’s time and consideration, we are evaluating various opportunities that the appellate process provides,” Ficorelli said. “With this, Genesys will not be commenting further as this is an ongoing litigation matter for us, and we want to respect the privacy of all parties involved.”

The judgment is expected to be reduced to about $4 million once state laws that limit economic damages to $433,400 and its present cash value are taken into account.

If you or someone you know has a child that was injured during birth as the result of medical malpractice, legal options are available to you. Learn more and get a free legal consultation regarding a claim’s eligibility at the Birth Injury Class Action Lawsuit Investigation. Experienced legal professionals have access to medical experts to assess whether or not medical malpractice was the cause of your child’s injury, so act now.