A Texas appeals court recently upheld a multi-million jury verdict in favor of a child born with cerebral palsy. The child’s suit alleged that the nurses failed to alert a doctor about signs that the child was in fetal distress.

The defendant hospital, as usual, claimed that factors unrelated to negligence was the cause of the birth defect. The appeals court concluded that there was sufficient evidence for a reasonable jury to find in favor of the plaintiffs. The court credited the plaintiffs’ experts with adequately negating the defendant’s excuses and concluding that the child was choking on its umbilical cord, causing its fetal heartbeat to drop, ultimately leading to brain damage.

The verdict of $10,300,000 was based entirely upon past and future medical expenses. Notably, it does not appear that the jury awarded the child or his parents any money for the loss of enjoyment of life.

Cosgrove Law Group, LLC has previously teamed up with another law firm and experts to evaluate and prosecute birth defect and wrongful death matters. Please call us if you need a matter such as this evaluated by experts and experienced legal counsel.