Girl Awarded $1.1 M in Birth Injury Lawsuit

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September 15th, 2006

"Ohio jury awarded an eight-year-old girl $1.1 million"

A Wood County, Ohio jury awarded an eight-year-old girl $1.1 million after she suffered serious birth injuries, leaving her right arm paralyzed.

The medical malpractice lawsuit brought by Robin and Jay Instone, the girl''s parents, was filed against the late Dr. Raymond Hoag, his obstetrics practice, and his estate.

Birth Injuries Sustained

Madelyn Instone was born in 1998 under the care of two certified midwives. However, complication during the delivery summoned Dr. Hoag''s assistance.

According to the plaintiff''s attorney Jim Casey, the baby had shoulder dystocia, a condition in which the shoulders prevent a smooth transition through the birth canal.

While the condition can be one of the most alarming emergencies in the delivery room, “calm and effective management of this emergency is possible,” according to the American Academy of Family Physicians.

Once shoulder dystocia is recognized, a doctor should take specific, cautionary actions to remove the baby from the mother''s womb. However, Dr. Hoag, upon arrival, began immediately pulling Madelyn''s head from the birth canal, causing significant nerve damage in her right arm.

The Verdict

The jury found Dr. Hoag liable for the birth injuries Madelyn suffered as a result of medical malpractice and awarded her $1.1 million in damages—one of the county''s largest awards ever.

Madelyn''s parents asked that the financial award be given directly to their daughter to help with her disability. “We''re not litigious people,” Mr. Instone said. “[The award] is just enough to give her a start.”

Madelyn will receive about $10,000 every year for about 73 years, her expected life expectancy.

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