Mother Awarded $229 Million in Childbirth Injury Case

A jury in Maryland has brought an end to a childbirth injury trial, awarding a mother more than $229 million, The Baltimore Sun reported.

The lawsuit alleged that negligence on the part of medical staff at Johns Hopkins Bayview Medical Center — part of the Johns Hopkins Health System — during the labor and delivery of plaintiff Erica B.’s daughter nearly five years ago resulted in significant childbirth injuries: catastrophic brain damage, kidney damage, microcephaly (an abnormally small head), cerebral palsy and a seizure disorder, The Baltimore Sun reported.

The majority of the $229.6 million award — $200 million —  is earmarked to cover the child’s future medical expenses. Also included is compensation for past medical expenses, lost earnings, and noneconomic damages. Because of Maryland’s cap on malpractice verdicts, the amount will likely be reduced to just over $200 million.

The Johns Hopkins hospital system is expected to appeal the jury’s decision.

“Our hearts go out to this child and her family,” said a Johns Hopkins spokeswoman. “We are confident in the care this patient received and have provided ample documentation clearly demonstrating that we appropriately informed her multiple times of all the risks associated with her condition. The verdict was not supported by the evidence.”

Erica was 16 years old, and went into labor 25 weeks into her pregnancy, according to the Sun. A condition known as preeclampsia caused Erica’s blood pressure to skyrocket. According to the lawsuit, medical staff told Erica that there was little chance her baby would survive, and if she did, there was a high likelihood the baby would suffer brain damage, prompting Erica to avoid an emergency C-section.

Erica’s attorneys argued that their client was given a “mistaken” prognosis and had the C-section been performed immediately, the baby would have been born healthy.

In Maryland, childbirth injury is a hot topic. Lawmakers have attempted to pass bills requiring doctors, hospitals, and insurers to contribute to a state fund that would provide compensation for families of children who suffered childbirth injuries. The fund would help control the costs of medical malpractice suits by compensating families without an extended legal fight.

Filing a Childbirth Injury Lawsuit

More and more families are filing childbirth injury lawsuits. If you or someone you love has been subjected to negligence leading to a childbirth injury, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit can never undo the damage,  but it may help to alleviate the financial burden incurred by the medical expenses, lost wages, and other costs associated with these problems.