Birth injuries to a baby born prematurely in 2010 have led to a jury award of $20 million to the mother.

The case, filed in New York State Supreme Court of Westchester County, was presented by the mother—Sylvia G.—against Westchester Medical Center alleging medical malpractice by two treating physicians, Dr. Geetha R. and Dr. Michael K.

The doctors were found liable nearly one year ago in a separate legal action. The allegations against the doctors and Medical Center by extension concerned two visits the plaintiff made to the facility during a five-day span between July 9 and July 14, 2010.

The mother was at 24 weeks gestation at that time, was quickly examined, and discharged. According to Better Health, the average human gestation is 40 weeks and the action betrayed the doctors’ expectation the pregnancy would extend normally.

Law360 indicates that the child was born July 15 with substantial birth injuries to baby including cerebral palsy, blindness, cognitive processing problems, and numerous unnamed and related medical conditions secondary to prematurity. The child, now nine years old, is beset with disabilities that are expected to be lifelong and her care presents many parental challenges.

In the former legal action which named the physicians, one of the doctors was alleged to have failed to offer a cervical cerclage and the other allegedly failed to seek an appropriate fetal specialist with which to consult in a punctual manner. These conclusions were drawn by the jury, according to Law360’s report.

In extending the case to include the Medical Center, it was noted that it was reasonable on behalf of Sylvia G. to believe the physicians were employees of the facility. While this was not, in fact, true, this reasonable expectation of formally contracted connection established hospital liability in the minds of the jury in the medical malpractice case. 

What is a Cervical Cerclage?

A cervical cerclage, according to the Mayo Clinic, is a reinforcement of a pregnant woman’s cervix to give added support. Sutures or synthetic tape is often used to provide this support, especially in women with a history of a shortened cervix.

Cervical cerclage is often offered as a solution if the pre-pregnancy state of the cervical region is less than ideal. An ideal state is closed, long, and firm. It can also be offered as a solution if a woman presents to the emergency room in premature labor.

During the gestational period, the cervix becomes shorter, softer, and opens in a step-by-step process preparing the body for birth. Sometimes this can occur too fast.

Of Jury Awards and Legal Precedents

According to Law360, the jury in this latest part of the case awarded $5 million for past pain and suffering and $15 million for future pain and suffering, and $14.9 million for past and future medical care and future lost income.

After the defendant asked to reconsider the pain and suffering awards, the state appellate judge indicated that these awards were far more than any other birth injury to baby case tried in recent history. An award of $4.4 million for lifetime lost income has been upheld and the judge has returned the rest of the judgment to the jury for further evaluation.