October 18th, 2007

"Birth Injuries Caused Cerebral Palsy"

The family of a boy who suffers from severe cerebral palsy because of injuries sustained during birth was recently awarded $26.5 million in damages by a Massachusetts jury. The award is one of the biggest medical malpractice verdicts in the state's history.

Jose Bejarano, Jr., 10-years-old, is nearly blind, is fed through a tube, and requires around-the-clock care. During the trial, Jose's father wheeled him into the courtroom so the jury could meet him.

The Family's Lawsuit

The family's lawsuit alleged that the two residents attending to Jose's birth failed to perform a caesarean section when both the baby and mother were experiencing distress.

According to one of the family's attorneys, Florence A. Carey, Jose was deprived of crucial oxygen when his heart rate began to drop and his mother's blood pressure rose.

High Risk Pregnancy

Jose's mother, whose pregnancy was being monitored by the Special OB clinic at Brigham and Women's University, had a history of high blood pressure and had previously given birth by way of C-section.

“I don't know why they didn't do one,” said Carey referring to a C-section. “They allowed it to go on way too long. He was not getting the oxygen he needed because her blood pressure soared.”

The Defense

The two doctors are still employed at Brigham and Women's Hospital, which defended their employees. In a statement, the hospital said that “the actions of our physicians were appropriate and consistent with our high-quality practice.”

Defense attorney Edward T. Hinchey argued during the trial that Jose's condition was the result of injuries suffered during pregnancy, not birth.

“It's a classic case of cerebral palsy, where oftentimes the exact etiology isn't understood,” Hinchey said.

Verdict for Family

The jury deliberated for two and a half days before delivering a verdict in favor of Jose and his family.

(Source: The Boston Globe online)

Does your child have cerebral palsy? If you think your child's condition was caused by a medical mistake, contact us today. We'll put you in touch with an experienced medical malpractice attorney who can explain your options, free of charge.