Jury Awards $18.5 Million In New Jersey Cerebral Palsy-Birth Malpractice Case


Posted on 1st May 2010 by gjohnson in Uncategorized

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The family of a 12-year-old New Jersey boy, who developed cerebral palsy after his emergency Caesarean-section was delayed, last week was awarded $18.5 million by a jury against Beth Israel Medical Center in Newark, according to The Star-Ledger of Newark. http://www.nj.com/news/index.ssf/2010/04/middlesex_family_is_awarded_18.html

The medical malpractice judgment was not only against the hospital but also Dr. Joan Lieser, a Springfield, N.J., obstetrician.

During a trial in Essex County, jurors heard testimony about the birth of Darius Morgan of Middlesex County, N.J. In 1998, Beth Israel was too slow to do an emergency Caesarian-section on his mother. Because of that delay, Morgan now has cerebral palsy, the family attorney had argued.

If Morgan had been born a mere eight minutes earlier, he would have been healthy, according to trial testimony. Now, he needs to be taken care the rest of his life.

Morgan’s mother had filed suit against Beth Israel in 2002, but she died in 2004. The boy was adopted by his great aunt and current legal guardian, Darlene Kim, in 2007.

Saint Barnabas Health Care System, which oversees Beth Israel, declined to comment on the judgment to The Ledger.


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