Defendant Doe #3 was unable to recall who actually
performed the delivery. She testified that every midwife evaluates the
progression of labor differently and therefore there is no standard of care.
Defendants contended that their care was excellent, and that any problems the
infant has were suffered in utero, and had nothing to do with the birth. The
infant plaintiff, 4 1/2 years old at trial, suffers from cerebral palsy and
mental retardation. He has a normal life expectancy, but will never be
independent. His IQ is 70, and testimony indicated that when he is an adult, he
will have the mentality of a 10- to 12-year-old child. No offer; Note This is
the first medical malpractice childbirth case from Monroe County published in
The New York Jury Verdict Reporter that resulted in a verdict for the plaintiff.
offer; demand: $6,200,000.
Lawsuit: Medical Malpractice
Victim: Infant
Injury: Cerebral Palsy & Retardation
Verdict: $8.651 Million
* Note: New York Verdict not a claim handled by The MEDLaw Legal Team. Presented
for informational purposes only. See
Representative Awards.
If you are a parent of a child with cerebral
palsy, you may not know the cause of their condition. Unfortunately, injuries
during birth can too often result in cerebral palsy. Sometimes these injuries
can be caused by a medical mistake or negligence on the part of the doctor,
nurses, or hospital.
If you do not know the cause of your child's cerebral palsy, please consider
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