Sunday, March 29, 2009

Jury awards $16M to child with cerebral palsy symptoms

The baby was born with cerebral palsy symptoms. The child's condition and the cerebral palsy symptoms he exhibits are due to the negligence of Dr. Dennis Lund, a Children's Hospital surgeon and Dr. James Rawn, a former Children's Hospital resident who is now a cardiothoracic fellow at Brigham and Women's Hospital, said the plaintiff's medical attorney.

A Suffolk County jury ordered the doctors to pay plaintiffs $16 million. This makes it one of the largest doctor malpractice awards in Massachusetts to date. The boy is now about six years of age. He suffered severe brain damage during his treatment at Children's Hospital shortly after birth. The boy has the mental capacity of a two- to three-month-old infant, said his medical attorney.

The boy's medical lawyer persuaded the jury that the brain injury was caused by the defendants. The medical attorney charged: "They overdosed this baby with potassium.... The jury found they failed their responsibilities to this child." It was the potassium overdose, the medical attorney said, which precipitated the cardiac arrest.

This medical lawsuit might mark a record for a Massachusetts doctor malpractice award. With interest, the amount paid to the child's parents could total $24 million.

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