October 10, 2008Wash. jury awards $4.25M in cerebral palsy lawsuit

A jury in Washington has ruled that a hospital must pay $4.25 million to the family of a girl born with cerebral palsy after she suffered severe brain damage during the delivery process. The jury ruled that the girl’s cerebral palsy symptoms were caused by the negligence of employees of Evergreen Hospital Medical Center.

According to her birth injury attorney, Sharla Tavares was admitted to the hospital on May 30, 2003 with contractions. Although she had a history of placental abruption—when the placenta completely or partially separates from the uterine wall—her obstetrician was not told she was a high-risk case and went home early for dinner.

Tavares’ fetal monitor began to show signs that the baby was in distress, but hospital staff did not call the obstetrician back to the hospital until the baby’s heart rate had fallen to an unsafe level. Although the obstetrician returned and performed an emergency C-section, the baby was deprived of oxygen for 20 minutes, causing permanent birth injuries.

The Tavares’ cerebral palsy lawyer says that the child cannot walk or talk, and must be fed through a tube. About $2.5 million from the total verdict in the Tavares’ cerebral palsy lawsuit will go to cover future medical expenses for the child. The remaining amount will cover past medical expenses and other damages.

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