Boy Wins $19M in Cerebral Palsy Lawsuit

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March 25th, 2008

"Obstetrician Failed to Correctly Diagnose Abdominal Pain"

A 10-year-old boy who suffered injury at birth was recently awarded $19 million in damages by a Monmouth County jury.

Bonnie Kowalski filed a medical malpractice lawsuit after her son, Brandon, was born with severe brain damage, cortical blindness and cerebral palsy. More than 10 defendants were named in the original complaint, but several were quickly dropped.

Obstetrician Accused of Negligence

According to the suit, obstetrician Aravind Palav failed to correctly diagnose Kowalski when she called him complaining of abdominal pain at 30 weeks. She was hemorrhaging and losing a massive amount of blood, her lawyer said.

Palav was also accused of failing to perform the necessary tests and to recognize fetal distress. When Brandon was finally delivered by way of C-section at Riverview Medical Center, he had to be resuscitated. He spent four months in intensive care.

“Brandon is completely disabled and completely dependent on others for his care,” said attorney Brian Drazin, who represent Kowalski and her son in the suit.

The Award

The jury deliberated for two days before delivering the $19 million verdict against Palav. With interest, the total award is expected to top $23 million.

(Source: The Star-Ledger)

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