MEDICAL MALPRACTICE VERDICT
Wisconsin parents receive $11.4 million for mishandled birth; two nurses responsible

October 24, 2008 -- A Crawford County, Wisconsin, jury verdict awarded more than $11.4 million in damages to the family of a boy who suffered brain injuries from complications during his birth in 2005. The injuries, attributed to medical malpractice, left the boy with cerebral palsy and in need of constant care.

In their 2006 lawsuit, the boy’s parents charged two nurses and a doctor with professional negligence in the delivery of their son on Aug. 7, 2005. The suit claimed that a certified nurse midwife misread fetal monitoring strips that showed the baby was stressed and that she should have called in the doctor when the delivery was not progressing as it should have.

The jury found the two nurses responsible, but cleared the doctor of any wrongdoing.

The jury decision gives the boy’s family $310,369 for past medical and health care expenses; $5 million for future care; $387,000 for the victim’s loss of earning capacity; $3.25 million for past and future pain, suffering and disability; and $2.5 million for the parents’ loss of society and companionship.

“This is not an award,” said the family’s lawyer. “This is barely compensation. But it will change the boy’s life and make the family’s life reasonable.”

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