Cerebral Palsy Malpractice Lawsuit Results in $18.5M Verdict

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A New Jersey family has been awarded $18.5 million in a cerebral palsy malpractice lawsuit brought against a Newark hospital that allegedly took too long to perform a C-section, leading to brain damage for the baby.

The birth injury suit was filed against Newark Beth Israel Medical Center and Dr. Joan Lieser in 2002 by the mother of Darius Morgan, who is now 12. Morgan’s mother died of unrelated causes in 2004 and in 2007 Morgan was adopted by his great aunt, Darlene Kim, who continued the litigation.

According to the lawsuit, Dr. Leiser waited too long to perform an emergency C-section during Morgan’s birth in 1998. At the trial, medical experts testified that if he had been born eight minutes earlier he would not have suffered the brain damage that caused cerebral palsy, the Star-Ledger reported.

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Cerebral palsy can be caused by an injury to an infant’s brain before, during or shortly after birth. If the brain of a baby is deprived of oxygen, it can result in irreversible damage that leaves the child with developmental problems, loss of motor functions and other life-long injuries and disabilities associated with cerebral palsy. The condition is also commonly associated with seizures, sensory impairments and cognitive limitation.

Medical malpractice lawsuits for cerebral palsy are often filed when a medical mistake or series of mistakes occur during prenatal care or delivery that result in the child’s brain being deprived of oxygen for an extended amount of time.

The Superior Court jury deliberated for two days before returning with the verdict. Kim said after the verdict that Morgan’s mother knew she had a terminal illness and wanted to make sure that Morgan was taken care of for the rest of his life.

Tags: Birth Injury, Cerebral Palsy, Medical Malpractice, New Jersey
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2 Comments

denise
I am trying to locate the woman who gave birth to a baby on 8/30/83 the same night My son donte was born at Ft Belovir Hospital and the womans child died that night and my son donte was deprived of oxygen and now has cp- if you get this message we need to talk. Urgently!!!!!!!!!!
denise
i have a son now 26 born with cb that i know the military hospital was responsible at ft belvoir when they refuse to give me a c-section after over 40 hours in labor. The hospital hid and decieved us into thinking my son had something they called spastic until we were way past our dead line to sue them. we were young and went along with what they said doing all this therapy when they knew he had brain damage but lied to us and said he had a perfect cat scan. at walter reed hospital, now no lawyer will take our case because of the statutory laws. but im re-thinking this whole thing now because there has got to be a law that protects us from deception. if anybody knows any law that could help us. my son Donte today at 26 is still in diapers, cannot speak, and mentally is at a 1 yr old when it comes to understanding us.

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