NY MEDICAL MALPRACTICE VERDICT
New York birth injury lawsuit results in $43M verdict
$43-million NY medical malpractice verdict
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October 15, 2009 - A Saratoga County (N.Y.) jury last week awarded a New York woman $43 million in a cerebral palsy lawsuit brought against the hospital where she was born.
The medical malpractice lawsuit was originally filed in 1991 by the mother of Tiffany Busone, now 25, against Bellevue Women’s Hospital in Niskayuna. The family settled out of court with the doctor involved in the case.
The birth injury lawsuit claimed that the hospital was responsible for Busone’s cerebral palsy by depriving her of oxygen during birth and causing her to suffer brain damage that left her with permanent disabilities.
Busone has limited communication abilities and is confined to a wheelchair as a result of the brain damage. She will always need home health care and will likely never be able to maintain employment to pay for her own needs, according to the lawsuit.
The jury agreed and found that Bellevue Maternity Hospital’s negligence caused Busone’s cerebral palsy. The $43-million malpractice verdict includes $20 million for home health care, $15 million for future pain and suffering, and $6 million for past pain and suffering. The remainder was for previous medical expense and lost earnings.
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