New York Cerebral Palsy Lawsuit Results in $43M Verdict

A 25-year-old New York woman has won a $43 million jury verdict in a cerebral palsy lawsuit brought against the hospital where she was born.

The verdict was handed down on October 8 by a Saratoga County jury, in a medical malpractice lawsuit originally brought more than two decades ago by the mother of Tiffany Busone against Bellevue Women’s Hospital in Niskayuna. The lawsuit claimed that the hospital was responsible responsibility for Busone’s cerebral palsy, alleging that it resuscitated and intubated her incorrectly, depriving her of oxygen and causing her to suffer brain damage that left her with permanent disabilities.

Busone has limited communication abilities and is confined to a wheelchair as a result of the brain damage. Although she recently received a degree from Arizona State University, she will always need home health care and will likely never be able to maintain employment to pay for her own needs, the birth injury lawsuit claimed.

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 childs brain being deprived of oxygen for an extended amount of time.

In this case, the jury found that the negligence of the Bellevue Maternity Hospital caused Busone’s cerebral palsy, and awarded $43 million, including $20 million for home health care, $15 million for future pain and suffering, and $6 million for past pain and suffering. The remainder was for previous medical expense and lost earnings.

The New York birth injury lawsuit was originally filed in 1991, shortly after Busone’s 1990 birth. The family settled out-of-court with the doctor involved in the case.