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$205 Million Medical Malpractice Verdict Overturned

Feb 9, 2021 Brown Moore Birth Injury

Birth injuries are tragic. Sometimes, injuries may not be apparent for months or years after birth. If you have a child who has suffered a birth injury due to negligence, you may be entitled to compensation. The highly sought attorneys at Brown Moore & Associates, PLLC are skilled trial lawyers in medical malpractice. If your child has been hurt during birth, you need a birth injury lawyer in Charlotte, North Carolina, to secure the compensation you deserve. Call us today.

Verdict Overturned

A malpractice case made history in 2019 at the largest award in U.S. history. Erica Byrom successfully sued Johns Hopkins Bayview on behalf of her daughter, Zubaida. According to the case, when Byrom was 25 weeks pregnant, she showed signs of severe preeclampsia. Her lawsuit claimed doctors said her daughter was viable outside the womb, but “the baby would die or be severely brain-damaged if she underwent a cesarean section delivery.” She stated she refused a C-section based on those recommendations. Zubaida lost oxygen during delivery and developed cerebral palsy. Byrom was only 16 at the time of her delivery.

In an appeals court, Hopkins Bayview argued: “the child’s injuries happened after labor started and that Byrom refused a C-section.” The evidence showed that Byrom was informed multiple times about the risks of vaginal delivery but refused a C-section unless her own life was in danger. The special appeals court overturned the $205 million birth injury verdict.

The Dangers of Giving Birth

Childbirth is a natural process but riddled with risks. For most of history, the mother, child, or both often died. In Medieval Europe, as many as 1 in 3 women died giving birth. Thanks to technology, hygiene, and nutrition, we have come a long way. However, tragedies happen.

In a malpractice suit, the burden is on the patient to prove negligence. Due to doctors, nurses, and anesthesiologists’ highly-trained nature, they are held to higher standards. Nevertheless, because they are subject to stressful circumstances, they have significant latitude in making decisions. In the above case, Byrom was a 16-year-old girl, a child herself, in the middle of what could be assumed as the most terrifying experience of her life. She had severe preeclampsia and was being induced to deliver her baby at a very early 25 weeks as opposed to 40. In examining the case, can a child of 16 truly make a medically informed decision under those extreme circumstances?

It isn’t enough to hire a medical malpractice attorney. If your child has suffered a birth injury, you need the best birth injury lawyers in Charlotte, NC. Hospitals often have lawyers on standby who only argue medical malpractice cases. At Brown Moore & Associates, PLLC, the dedicated and aggressive team of attorneys specialize in medical malpractice and birth injury suits. Don’t be intimidated by the hospital.

Call Brown Moore & Associates, PLLC Today

Medical failure should never be excused. At Brown Moore & Associates, PLLC, our dedicated team will secure the compensation your family needs to ensure your child receives the proper medical care throughout their life. Contact us for a free consultation of your case by clicking here or calling us at 800-948-0577.