July 12, 2007Jury awards $96M in birth injury lawsuit
A California jury has awarded an estimated $96 million to the family of a four-year-old child in its birth injury lawsuit against the hospital where he was born. The verdict in Aidan Leung’s birth injury lawsuit is one of the largest ever recorded in California history for a medical malpractice case.When Aidan was born at Verdugo Hills Hospital in March 2003, he exhibited several risk factors for kernicterus, a neurological disorder that is caused by the buildup of a type of bile pigment that causes jaundice. Although Aidan developed jaundice soon after birth, became lethargic and was barely feeding, hospital staff failed to take steps to treat his jaundice in order to protect him against birth defects.
As a result, the Leung’s birth injury lawyers alleged, Aidan developed kernicterus, which in some cases can cause mental retardation, cerebral palsy or hearing loss. Aidan’s parents say that although his mental functions are fine, he is unable to control the muscles in his body, which will prevent him from being able to walk, speak or feed himself. As a result, Aidan will require a lifetime of care from others.
The California jury hearing Aidan’s case agreed with the arguments of his birth injury lawyer and awarded damages for future medical care, which, at current estimates, should total roughly $96 million.