Birth Injury Lawsuit Over Brain Trauma Results in $144M Award

A Michigan woman has been awarded $144 million in a malpractice lawsuit filed over brain damage suffered by her daughter at birth, which was allegedly caused by medical negligence during the delivery. 

The birth injury lawsuit was orginally filed in 2006 by Kimberly VanSlembrouck against Beaumont Hospital in Oakland County Circuit Court.

According to the complaint, VanSlembrouck’s daughter Markell, who is now 15, suffered a brain trauma at birth as a result of the hospital’s failure to perform a caesarean section.

The child weighed 10 pounds, 12 ounces and the lawsuit alleges that Dr. Andrew Jay Halperin, who delivered the little girl and was also a defendant, made her mother deliver her through the birth canal, causing Markell to suffer multiple hemorrhages, severe brain damage and a fractured clavicle.

As a result of the birth injury, Markel is a quadriplegic and requires care around the clock.

The lawsuit claimed that Halperin should have realized that Markell was too large to be born by normal means and should have been delivered via a C-section. Halperin also allegedly gave VanSlembrouck Pitocin, a drug used to cause the uterus to contract in order to force birth.

Last week, following a three-week trial and three days of deliberation, a Michigan jury returned a verdict finding that the hospital was negligent. The jury awarded VanSlembrouck $144 million, which will pay for 24-hour care for Markell for about 77 years. A conservator will be appointed to oversee the funds.

Hospital officials have indicated they disagree with the jury’s decision and plan to appeal the decision, according to a report by The Detroit News. The hospital claims that Markell’s disabilities were caused by gestational diabetes, a genetic condition.