An $11.35 million birth injury verdict secured by The Becker Law Firm has been affirmed on appeal by the 9th District Court of Appeals in Summit County, OH.
Our firm’s trial court verdict from March 2018 for $11,350,000 plus statutory interest had been challenged on appeal on several grounds, most of which were related to expert witness testimony.
About the Case
As court records show, the case involved a medical malpractice lawsuit filed by the parents of a baby who suffered permanent brain damage due to trauma during childbirth.
The baby had been progressing slowly through the birth canal during labor and delivery and after several hours, the treating obstetrician unsuccessfully attempted delivery using a vacuum extractor. The doctor subsequently used a pair of forceps to extricate the baby from the birth canal. The baby was born with an Apgar score of one, indicating severe depression that required resuscitation, as well as bruising and swelling underneath the scalp.
As a result of the trauma, the baby sustained permanent structural brain damage, hypoxic ischemic encephalopathy (HIE), developmental and cognitive impairments, and neonatal seizures.
In the lawsuit, it was alleged that the doctor was negligent and deviated from accepted standards of care during in:
- Failing to correctly evaluate size and position of fetus;
- Failing to appreciate the need for a caesarian section; and
- Failing properly advise the parents about the viability of a C-section.
At trial, the jury ruled in favor of our clients and awarded $11.35 million in damages, plus statutory interest. The defense appealed the decision and raised nine assignments of error relating to evidence connecting mechanical trauma to infant brain damage and the admission and exclusion of testimony from expert witnesses.
The 9th District Court of Appeals ultimately disagreed with all assignments of error raised by the defense, allowing the trial court verdict to stand.
Proven Results in Birth Injury Litigation
As a firm that has won millions for birth injury and medical malpractice victims, we have the insight and resources to gather evidence and expert testimony that help build the strongest possible claims for our clients. If you have questions about a potential case, contact our Cleveland personal injury attorneys for a free consultation.