Cerebral Palsy Lawsuit Results in $4.25 Million Verdict Against Hospital in Washington

A Washington jury returned a verdict last week in the amount of $4.25 million for a young girl who developed cerebral palsy as a result of negligence during her delivery at Evergreen Hospital Medical Center in Kirkland.

 
The birth injury lawsuit was filed on behalf of 5 year-old Miriam Tavaras in King County Superior Court in Washington. The complaint alleged that the hospital delayed the child’s birth for at least 20 minutes after the mother’s placenta abrupted, causing the baby to be deprived of oxygen. This resulted in severe brain damage, leaving the child with cerebral palsy and an inability to walk or talk.

Cerebral palsy is a disorder that impairs movement control and muscle coordination. It is caused by brain damage that occurs before, during or immediately after birth, and it is a chronic disability for which there is no cure.

Approximately 500,000 people in the United States are affected by the disability, and in many cerebral palsy lawsuits throughout the country, courts have found that the brain damage could have been prevented if it were not for a medical error or negligence.

The King County Superior Court jury ruled on October 9, 2008 that Evergreen Hospital Medical Center must pay $4.25 to the young girl as a result of their negligence during the delivery.

According to a report in the Seattle Times, the mother checked into the hospital on May 30, 2003, the day before her scheduled C-section. She was determined to be at high risk for placental abruption, a serious condition where the placenta prematurely separates from the mother’s uterine wall.
 
After the mother was admitted at 8:25 p.m., the obstetrician on duty left without being notified by the hospital staff of the high risk case. Although heart monitors indicated fetal distress around 8:45 p.m., nurses delayed calling the doctor and the obstetrician did not arrive back at the hospital until 9:18 p.m. An emergency c-section was performed, and the lawsuit alleges that the child’s cerebral palsy was caused by the unnecessary delay.
 
The cerebral palsy lawsuit verdict includes $350,000 for the child’s past medical expenses, $2.5 million to cover future expenses expected to be associated with her disability over the rest of her life, and $1.4 million for pain and suffering caused.