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$8.5 million verdict reached for Ohio birth injury

August 29, 2012

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August 29, 2012

After almost three weeks of testimony and more than 14 hours of deliberation, an eight member Cuyahoga County Common Pleas civil jury ordered Metro Health Medical Center to pay $8.5 million to the mother of a child who was injured at birth, reports

The little girl, who turned three on Saturday, suffered permanent brain damage at birth because she was not promptly resuscitated after delivery. After her full term delivery, the child had a heartbeat, but she was not breathing. The obstetrics nurse in charge waited a full five minutes before calling the hospital’s Code Pink Team of neonatal resuscitation experts.

According to the mother’s lawyer, Bill Jacobson, the “most telling piece of evidence” was the child’s Apgar score, which measures a newborn’s condition according to heart rate, respiration, muscle tone, appearance, and response to stimulation.

An analysis of the child's Apgar score showed that it was altered to look better, a forensic documents examiner testified in court. A better score would help justify why the resuscitation team was not called immediately.

The child is tube-fed, unable to speak or walk, and will never be able to care for herself.

“MetroHealth is a wonderful institution with wonderful resources. In this instance, there was failure to utilize the resources in a timely fashion,” Jacobson said.

If your child suffered a birth injury, the Ohio personal injury lawyers at Nurenberg, Paris, Heller & McCarthy may be able to help.

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