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October 27, 2008

Jury Awards Family in Cerebral Palsy Medical Malpractice Lawsuit

A Wisconsin family has been awarded more that $11.4 million in damages for their son who suffered brain injuries during his birth in 2005. The jury agreed unanimously in the decision. The doctor in the malpractice trial was cleared of wrongdoing, instead the nurse midwife and nurse were charged with the negligence. In their suit, the family claimed hospital staff “failed to act appropriately and to deliver Laine (the infant) in a timely fashion” and argued that the nurse midwife misread fetal monitoring strips showing the baby in distress. The boy now suffers from the debilitating and life-altering condition cerebral palsy. The family’s award will cover $310,369 for past medical and health care expenses, $5 million for future care, $387,000 for loss of earning capacity, $3.25 million for past and future pain, suffering and disability and $2.5 million for the parents’ loss of society and companionship. The family’s attorney summed up in a statement, “This is not an award. This is barely compensation. But it will change Laine’s life and make the family’s life reasonable.”

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