Monday, March 9, 2015

Hospital Agrees to Pay $17.5 Million for Birth Injury

Can I receive less than the jury awards in damages?

A family who won a verdict against T.J. Samson Community Hospital in their medical negligence trial has agreed to accept about $1 million less than the jury award, which itself was less than the family sought. The Hamiltons will receive $17.5 million and are expected to establish a special needs trust for their son Tristan.

During Tristan’s delivery, he suffered a birth injury and is expected to need extensive care for his lifetime as a result. Tristan is diagnosed with the most severe form of cerebral palsy, global developmental delay and epilepsy among other conditions. He requires several medications and physical and occupational therapy. He also must have speech therapy and learn sign language.

The lawsuit filed by his family named the hospital and the obstetrician/gynecologist who delivered Tristan. At the trial, attorneys for the Hamiltons told the jury they believed the hospital was solely liable for the birth injury since it was responsible for hiring and training the nursing staff who helped with the birth process. The jury agreed and assigned no responsibility to the obstetrician/gynecologist.

In return for the lowered settlement, the hospital agreed not to appeal the verdict.

The Law Firm of Flora Templeton Stuart has 40 years of experience handling medical malpractice cases, including those involving birth injuries. The time to file a lawsuit based on negligent medical care is limited, so contact our attorneys today for a free consultation. Call (888) 782-9090 at any time; we are available 24 hours a day, 7 days a week. We have offices in Bowling Green and Glasgow, and we serve clients throughout Kentucky and Tennessee.