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07 Dec 2009

Erb's Palsy Verdict in Detroit Birth Injury Lawsuit

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A Detroit, Michigan jury awarded a child with Erb’s Palsy a significant verdict in a Michigan birth injury lawsuit last week.  The lawsuit was filed in the Wayne County Circuit Court on behalf of a child against an OBGYN and St. John Hospital.  The lawsuit  alleged that the child’s condition of Erb’s Palsy was due to the negligence of the hospital and a physician at the time of delivery.  The child, now age 3 1/2, suffered serious and permanent injuries as a result.  The child will need specialized care for a lifetime and will have lifelong disabilities as a result of the medical negligence.

The jury awarded damages for the lifetime of the child.  When converted back to present value, the amount is approximately $600,000.00.  The money will most likely be placed in a trust fund or structured annuity to help care for the child’s special needs.  There will also most likely be attorney’s fees and other sanctions imposed by the court against the hospital.  The defendants rejected a mediation award of $275,000 prior to the trial and will be penalized as a result under the Michigan Court Rules.  It is unknown whether the defendants will file an appeal of the verdict.

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