A young girl cannot speak, walk, write or even swallow without assistance. It is claimed that the cerebral palsy from which the girl suffers is due to brain damage that occurred as a result of doctor negligence and medical error at the time of her delivery.
After a long wait, the family has been awarded $130 million verdict in a birth injury case. This was the third case that has been tried concerning this matter. The first trial came with a favorable verdict to the hospital, but that verdict was reversed after being appealed. The second trial ended with an undecided jury. The third trial returned a verdict with a large sum of money.
The attorneys involved are unconvinced that this will be the end of the matter. The hospital plans on bringing various post trial motions in hope that the matter will be tried a fourth time or the verdict discarded.
Medical malpractice like this has been known to have occurred in the Chicago area. Here as elsewhere, the process can seem endless. There is no finality in a medical malpractice lawsuit until those injured by negligence are finally paid. And even payment cannot undo the damage done by medical errors.
It takes attorneys that are willing to persevere in these matters and that understand how to prove medical malpractice up to try these sorts of lawsuits. Most attorneys are not in a position to fight against hospitals that have a great deal of money at their disposal to fend off claims.
Birth trauma is the most traumatic of all injuries because the brain damage that often results cannot be reversed.
Source: Times Beacon Record, "Attorneys say St. Charles malpractice lawsuit far from over," by Michael Contino, April 23, 2013