December 7, 2008Aussie man awarded $7.2M in cerebral palsy case
An Australian man who developed cerebral palsy after suffering birth injuries during the delivery process has been awarded AU$7.2 million in court. The New South Wales Court of Appeal ruled that the injuries of Kaled Elayoubi, 24, were caused by the negligence of doctors at two hospitals involved in his delivery.According to documents from his cerebral palsy lawsuit, Elayoubi’s mother had a high risk of a uterine rupture due to an incision from a previous caesarean section unless she underwent a C-section. However, the obstetrician who delivered Elayoubi failed to check hospital records and performed a vaginal delivery that caused the uterus to rupture.
The court determined that the doctor was 2/3 liable for Elayoubi’s birth injuries for failing to check the hospital records. In addition, the court found that the health service that ran the hospital where the previous C-section was performed 1/3 liable for failing to alert the doctor of the risks of a vaginal delivery.
The award in Elayoubi’s birth injury lawsuit will help pay for the round-the-clock care that he requires. Currently, Elayoubi’s 53-year-old mother is entirely responsible for taking care of him.