Cyrus, Adkins & Walker, Attorneys at Law
Free Consultations

Local 304-521-1582

Toll Free 888-594-7284

Little boy, parents prevail in medical malpractice case

There is no price that can be put on the damage done to a little boy at his birth a little more than 3 years ago. Deprived of oxygen, he suffered irreversible brain damage, experts say, and his life expectancy has been shortened to just another 9 to 12 years, the federal judge in the medical malpractice case said.

That judge recently ruled a doctor’s negligence resulted in that permanent harm to the boy. The judge ordered the doctor’s employer – in this case, the federal government – to pay the family $33.8 million.

The family lives far south of West Virginia in Miami Gardens, Florida. The judge awarded the boy $21.7 million for economic damages, as well as $7.6 million for his pain and suffering. For their pain and suffering, the boy’s mother is to receive $3.3 million and the boy’s father is to receive $1.1 million.

The boy’s mother was at a hospital in Miami Gardens in early December of 2013 to give birth in what was not expected beforehand to be a high-risk delivery. However, the baby’s heart rate slowed and the mother asked for a cesarean section.

The doctor ignored the request, according to testimony by the attending nurse, and left for another delivery. The baby was not breathing at his birth on Dec. 2, 2013. "At the anticipated, joyful moment of birth of a crying, bouncing baby,” the judge wrote in his decision, the parents were “instead presented with the dreadful specter of a blue, floppy, lifeless child."

The baby was revived, but it was soon determined that he had suffered permanent brain damage; harm that could have been avoided had a C-section been performed, experts from both the plaintiffs and defense agreed.

After the judge’s decision, the parents will at least now be able to afford the care their son will need for the rest of his life.

No Comments

Leave a comment
Comment Information
Super Lawyers 2015 John F. Cyrus Best Lawyers Lawyer of the Year 2016 Mediation - Charleston, WV John F. Cyrus Best Lawyers Lawyer of the Year 2013 Mediation - Charleston, WV distinguished Lexis Nexis Martindale-Hubbell Peer Review Rated for ethical standards and legal ability
The Best Lawyers in America National academy of distinguished neutrals 2008