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Jury Awards $30.55 Million for Catastrophic Childbirth Injuries in Medical Malpractice Trial

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SUGARMAN Principals, Benjamin Zimmermann and David McCormack, represented an Ohio family in their claims for the severe and tragic brain injuries suffered by their son at Massachusetts General Hospital during his mother’s labor.  

On May 15th, following a two-week trial, the Suffolk County jury awarded the family $30.55 million after deliberating over the course of two days. In making its award, the jury agreed that the nurse responsible for monitoring the baby’s heart rate and well-being during labor had failed to ensure that the baby was responding appropriately during the labor and that the nurse’s failure to comply with the standard of care resulted in the baby’s severe oxygen deprivation going undetected. Due to the oxygen deprivation during labor, the baby suffered catastrophic brain damage.  The child is now 6-years old and remains unable to walk, speak or eat. Unknown to the parents at the time of the labor, the nurse had been supplied to Massachusetts General Hospital by Cross Country Staffing, Inc., a nationwide “temporary” nurse staffing company that was the defendant in the case.

Attorneys Zimmermann and McCormack presented the case on behalf of the plaintiffs, and the jury awarded damages for both the young boy and his parents.