Cerebral Palsy Award $38 million
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In Stamford, Connecticut, a city obstetrician has been ordered by a Superior Court jury to pay a family of a boy who was born with cerebral palsy in 2003. The verdict is believed to be among the largest awards for medical malpractice in the history of Connecticut, surpassing an award for $36.5 million against Hartford Hospital and an obstetrician in 2005.
On Friday, February 8, a jury ruled that a Caesarean section should have been performed more quickly by Dr. Corinne De Cholnoky during the delivery of Spencer Oram, whose umbilical cord was impeding the flow of blood to his brain.
According to Richard Silver, the Oram family's attorney, the boy now has cerebral palsy, even though his twin sister, born 27 minutes prior, is healthy. The family filed the case three years ago.
An attorney for De Cholnoky said that they plan to appeal the ruling. According to attorney James Rosenblum, the jury was overcome with sympathy which caused them to ignore proof that De Cholnoky had acted "reasonably, appropriately, and thoughtfully."
According to Rosenblum, he presented expert witnesses who testified that severe health problems may have been suffered by the baby while in the womb. Stamford Hospital and the medical staff there have been cleared of any wrongdoing.
Included in the award from the jury is $30 million to cover past and future costs to care for Spencer, approximately $7.5 million in compensation for Spencer's suffering, and $1 million to Spencer's parents.
Note from Virginia Medical Malpractice Attorney Ben Glass--had this case occurred in Virginia, the child and its family would have had its verdict cut to approximately $2 million, thus virtually guaranteeing that the state would have to take over the costs of the care for a long period of time. This verdict puts the cost of care where it belongs, on the careless doctor.