No New Trial in Medical Malpractice Case That Resulted in $53 Million Award

birth injury

A Colorado judge says there will be no new trial in the case of a family being awarded $53 million after a host of medical malpractice mishaps led to their son developing cerebral palsy.

In this issue, we’ll talk about what’s going on.

The Case at a Glance

Altogether, there were about 20 blunders by University of Chicago Medical Center doctors and nurses when the boy’s mother arrived at the hospital 40 weeks pregnant.

Among them were failures to:

  • Obtain accurate cord blood gases
  • Notice abnormal heart rate patterns of the baby which indicated a drop in the supply of oxygen
  • Follow proper chain of command
  • Perform a C-section birth in a timely fashion

The jury reached their verdict in four hours. The decision includes $28.8 million for future expenses for caretaking and $7.2 million for medical expenses.

What the Hospital Claimed After The Verdict

Following the verdict, hospital officials requested a new trial and claimed that the boy’s cerebral palsy was actually caused by an infection, which they claim was well underway long before the boy’s mother arrived at the hospital.

They also claimed that the jury’s verdict was tainted by the attorney representing the boy and his family.

How the Judge Ruled

In his ruling, the judge denied the University of Chicago Medical Center’s request for a new trial. He did, however, reduce the amount awarded by $950,000 to correct a “technical error.”

Let The Fitzgerald Law Firm Fight For You!

What happened at the University of Chicago Medical Center is absolutely inexcusable.

If you believe your child suffered an injury to the brain or some other form of birth injury, you should know that The Fitzgerald Law Firm is a national leader in fighting on behalf of families and children who are forced to suffer because of someone else’s negligence.

In 2015 alone, we secured a $135 million verdict on behalf of a client who had sustained a brain injury.

Call us at 800-323-9900.

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