$26.5 Million verdict in Massachusetts birth injury case
Recently a jury in Brockton, Massachusetts determined that the injuries to a baby were worth $26.5 million. This was the verdict after the jury saw the nearly blind boy wheeled into the courtroom with a feeding tube in his stomach.
The family's lawyers had argued that two residents at the hospital, Julie D. Miner and Alisa B. Goldberg, should have delivered Bejarano by caesarean section on March 13, 1997, when it became obvious that he and his mother were in distress. Instead, they let labor go for eight hours before other doctors delivered the baby with forceps.
In a classic defense...
Edward T. Hinchey, who defended the physicians, countered that the baby was born with severe cerebral palsy and other permanent defects because of injuries suffered earlier in the pregnancy for unknown reasons.
This is one of the usual excuses that gets thrown at the jury. "We just don't know what happened." Actually that is exactly what the jury is for and the court process is for... ->To determine what happened. <-- In this case I can only assume that enough evidence was put on by the plaintiff to show that this birth injury was the result of some negligence or medical malpractice. There will probably be an appeal.
Source: Boston Globe
