Failure to Recognize Fetal Distress - Cerebral Palsy, Quadriplegia and Cognitive Impairment $23.2 Million jury verdict

Walkup's senior partner, Michael A. Kelly, obtained a $23,200,000 jury verdict on February 9, 2010 in Kandiyoh County, Minnesota, in a case involving cerebral palsy, quadriplegia and cognitive impairment to a 2 ½ year old child whose Family Medicine doctor failed to appreciate the warning signs of fetal distress during her birth in June 2007. As a result, a timely caesarian section was not performed. The child was deprived of oxygen for 28 minutes before an emergency c-section could be completed. Hypoxic Ischemic Encephalopathy resulted, and the child now has multiple health problems including a permanent tracheotomy, g-tube, spastic cerebral palsy, cortical impairment and seizures. The jury award included $1.7 million for past health care expenses, $10 million for future health care expenses, $10 million for past and future pain, disability and emotional distress, and $1.5 million for loss of earning capacity. Unlike California's anti-consumer MICRA laws, the governing law of Minnesota (like most states) does not restrict a patient's right to be made whole for harms and injuries caused by health care professionals.

If your child has suffered a birth injury, we want to hear your story. If medical negligence or medical malpractice was involved, our lawyers want to help. Contact the attorneys at Walkup, Melodia, Kelly & Schoenberger in San Francisco for a free consultation.

Walkup, Melodia, Kelly & Schoenberger
Baby Injury & Fetal Distress Lawyers
San Francisco, California