Jury Awards $13 Million to Mom for Daughter’s Birth Injury By Tod Aronovitz | 11/21/13 | 0 Comment

A jury recently awarded a 38-year old mom, Libbey Bryson, $12.9 million in a lawsuit that claimed her hospital’s medical mistakes during childbirth resulted in her daughter’s permanent birth injury.  According to court documents, the child, now five years old, has undergone multiple surgeries and continues to wear a brace on her disfigured right arm, which cannot be fully used.

Bryson’s lawsuit alleged that nerves in her baby daughter’s right arm were severed when resident doctors “pulled too hard” on her head, trying to get the 8-lb. 8-oz. baby out of the birth canal during childbirth on Jan. 1, 2008. When the baby got stuck behind her mother’s pelvic bone, a Cesarean section or another delivery method that would cause less strain on the baby should have been performed; however, the lawsuit alleges, the doctors continued to pull until the baby was born, causing the birth injury.

The hospital maintains that the alleged injuries were the result of the “natural childbirth process.” Even though court documents reveal that “no C-section was ever requested or offered,” the hospital does not admit any fault and says that Bryson was “treated appropriately” because the doctors did not believe a Caesarean section was necessary.

The judge in the case said that the award is the largest any jury has returned in his Michigan courtroom in his eight years of hearing civil cases. Because Michigan law caps non-economic damages at just over $433,000, and if the hospital files a successful appeal, the judgment could be reduced to around $4 million.

Regardless of the amount, the award is designed to help offset future economic losses due to the continued therapy that is necessary to help the young girl complete basic daily tasks such as getting dressed, doing homework and brushing her hair.

Time is of the essence when filing a birth injury claim due to requirements in the law. Birth injuries are devastating and can sometimes be fatal, so families are caught up in the crisis as they should be. However, they should also remember to start the litigation process as soon as possible if they suspect that a birth injury might be the result of medical negligence or malpractice.

ARONOVITZ LAW: Representing Florida Consumers in Serious Personal Injury Cases

The Miami medical malpractice law firm of ARONOVITZ LAW pursues justice for Florida citizens who have been injured by the wrongful actions or omissions of another individual, government agency, or corporation. We can assist you with civil litigation including consumer class action litigation, whistleblower cases, medical malpractice, product liability, and wrongful death cases.

Contact Miami, Florida medical malpractice attorney Tod Aronovitz for a confidential discussion of your case.