Cerebral Palsy Malpractice Lawsuit Results in $18.5M Verdict

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.

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.