Minnesota Sees Record $23.2 Million Malpractice Award In Botched Birth Case


Posted on 12th February 2010 by gjohnson in Uncategorized

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In what appears to be a record verdict in Minnesota for a medical malpractice case, a jury has awarded $23.2 million to a family whose baby suffered numerous complications during her birth, resulting in brain damage and cerebral palsy. http://www.grandforksherald.com/event/article/id/150693/

The verdict came Tuesday in the case stemming from the June 6, 2007 birth of Kylie Rodgers, daughter of Elise Rodgers and Matthew Larson, at Rice Memorial Hospital in Willmar, Minn.

During her delivery Kylie didn’t get enough oxygen, and as a result she now has spastic quadriplegic cerebral palsy, neurological problems and seizures. For more on cerebral palsy, click here.

The doctor who delivered the baby, Dr. Gabrielle Olson, had been dropped as a defendant in the case. She was with Affiliated Community Medical Centers (ACMC), and was considered to be acting as an agent of the medical center.

The jury in Kandiyohi Count District Court found that ACMC was 80 percent negligent in the case, and that Rice Memorial was 20 percent negligent.

The malpractice award broke down to $1.7 million for Kylie’s past medical care; $10 million for future care and emotional distress; and $1.5 million for loss of earning capacity.

The ACMC and hospital may appeal the verdict.

The Minnesota Hospital Association said this was the highest award in its memory, with the largest one it was familiar with coming in at $11 million.

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