$4.25 Million Awarded to Family of Girl with Cerebral Palsy

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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$5.5 Million Settlement Reached in Birth Injury Case

A $5.5 million settlement has been reached in a medical malpractice lawsuit filed by a woman whose son suffered severe brain damage after prolonged oxygen deprivation at birth. The damage has left the boy, now 6, unable to perform basic functions like walking, sitting on his own, feeding and talking.

 

“Seeing how he struggles, seeing him in a wheelchair and not being able to hear him say ‘Mom’ in English or Spanish, it’s painful. We shouldn’t have been going through all of this,” said Eva Liberato, the boy’s mother.

 

According to Liberato’s lawsuit, the baby’s heart rate began to plummet after she was given medication to induce contractions. A family doctor tried unsuccessfully to deliver the baby with a vacuum retractor and forceps before an obstetrician was called to deliver the baby by C-section.

 

A jury found the family doctor liable for the boy’s birth injuries, but the hospital and obstetrician will also contribute to the settlement

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