$4.25 Million Awarded to Family of Girl with Cerebral Palsy

Posted on October 13, 2008 by David Austin

The family of 5-year-old Miriam Tavares was awarded $4.25 million by a jury in Washington for injuries the girl suffered during her delivery at Evergreen Hospital Medical Center. Miriam sustained severe brain damage, and now has cerebral palsy. She cannot walk, talk, eat on her own and will require a lifetime of care.

 

Deprived of Oxygen

 

For at least 20 minutes before her birth, Miriam was deprived of crucial oxygen, according the family’s medical malpractice claim. Miriam’s mother, Sharla Tavares, went into labor a day before a scheduled C-section. She had a history of complications and was considered a high risk case.

 

Tavares checked into the hospital at 8:25 p.m., and signs of fetal distress were apparent 20 minutes later. At 9:00 p.m., Miriam’s heart rate had dropped to a dangerously low level. The nurses finally notified the obstetrician, who arrived at 9:18 to perform an emergency C-section.

 

Miriam was born at 9:24 p.m. and required resuscitation.

 

"She's a real fighter and is deeply loved by her parents, but this was a preventable injury," the family’s lawyer said.

 

Hospital Found Negligent

 

The jury found guilty of negligence and awarded Miriam and her family $2.4 million to cover future medical costs, $350,000 for previous medical costs, and $1.4 million in general damages

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Does 4 Million Equal 45 Million?

Posted on August 27, 2008 by Jim Burke

It would seem  to be true in the case of a young California boy whose troubled birth has left him with severe brain damage and cerebral palsy.  A Sierra View District Hospital  has agreed to a 4 million dollar settlement.  The obstetrician and nurse anesthetist have also agreed to a settlement but the terms of the settlement remain confidential.

Gabriela Enriquez  was admitted to Porterville Hospital on March 19th of 2006 to give birth to her first child, Jose Carrillo.  Bruce Fagel, Gabriela's attorney, said that the baby's monitor indicated that the baby was in distress over the  last several hours of labor but that those indications of distress were ignored by the nurses and obstetrician on duty.  He went on to say that by the time an emergency c-section was ordered the next morning significant brain damage had occurred from lack of oxygen.

According to Fagel, Jose has severe cerebral palsy and, while his doctors believe his intellectual development may be normal, his motor skills are lacking and he will never be able to walk or communicate normally.

Because the hospital district board is a public agency it was required to approve the terms of the settlement even  though the settlement was reached in private negotiation.  A judge also had to approve the settlement because the plaintiff is a minor.

Court records show the Enriquez/Carrillo suit against the hospital also named as defendants Dr. Jose R. Salas, a Porterville obstetrician; Janet Michelle Bailey, a registered nurse/anesthetist; and Dr. Philip Early, head of the hospital's anesthesiology department.

According to records of the Medical Board of California, Salas was placed on probation in 1999 for three years because of an accusation of "gross negligence" and "repeated negligent acts" stemming from a 1995 birth at Sierra View.

So, how does a 4 million dollar settlement become a 45 million dollar settlement?  It doesn't.  The settlement  is still a 4 million dollar settlement but the 4 million dollars will be placed in an annuity designed to provide a monthly income for the rest of Jose's life - to cover his medical needs, home care and therapy.  Over his lifetime that annuity is estimated to pay him about 45 million dollars.

 

 

 

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Largest Settlement in Dekalb County

Posted on May 28, 2008 by Jim Burke

As reported in the Chicago Tribune an Aurora woman has settled her malpractice suit for fifteen million dollars.  Vanessa Jenkins had brought suit against the doctor, hospital and staff alleging that her son Cody suffered brain damage because, during her labor, the doctor used a vacuum device improperly thus causing brain damage.

Her attorneys said that her labor was uneventful until the doctor began to use the vacuum device.  Within a period of 50 minutes the device was used 18 times.  When Cody's fetal heart rate indicated that he was in distress, Cody was delivered by Caesarean section by another doctor.  By then the damage had been done and Cody was left disfigured, brain damaged and incapable of living independently.

The settlement was approved by Judge Kurt Klein in Dekalb County Circuit Court and her attorneys said this was the largest award ever reached in Dekalb County.

 

 

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