Posted on 10/06/2002 10:52:39 PM PDT by chance33_98
Hospital Ordered To Pay Over $55M To Girl Injured During Birth Obstetrician Not Found Liable
POSTED: 3:35 p.m. PDT October 3, 2002
The John Muir Medical Center has been ordered to pay $59.3 million to the family of a 2-year-old girl injured during birth.
A Contra Costa County Superior Court jury found Wednesday that the hospital was responsible for the severe cerebral palsy suffered by Caitlin Greenwell, although it did not find obstetrician Alan Kaplan liable.
The mother, Julia Greenwell, was admitted to the hospital on Oct. 21, 1999, and developed high blood pressure, but her attorney, Bruce Fagel, said nurses did not contact the doctor until later. When the doctor arrived, he diagnosed Julia Greenwell with pregnancy-induced hypertension, and ordered her to be given medication. Nurses testified they did not think Julia Greenwell had hypertension, said Fagel, who is also a physician.
When the baby was born, she showed evidence of perinatal asphyxia, which led to her cerebral palsy, according to Fagel.
John Muir Medical Center attorney Randy Andrada said the hospital has requested a new trial, which is pending. He also said the hospital plans to use reform legislation to ask the court to lower the amount of the verdict.
The jury awarded $49 million for Caitlin's care for the next 62 years that she is expected to live, and awarded her $6.4 million for future loss of income. The jury also awarded Caitlin $100,000 for pain and suffering and $200,000 each to her parents for emotional distress.
If you are injured through no fault of your own, with your whole life ahead of you, the award is $59-million.
But, if you're a 64-year-old basket case who deliberately practiced something that ruined your health, the award is $28-billion.
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