On Monday June 25, 2012 a Baltimore City Jury returned a $55 Million Dollar Verdict in a cerebral palsy birth injury medical malpractice case. The lawsuit involved allegations that the obstetrical team at Johns Hopkins should have done an emergency Caesarean section earlier than they did, and that as a result of the delay, the baby named Enzo was born with very serious birth injuries including brain damage, and renal failure.
Apparently the mother who was 30 years old was going to have a home birth monitored by certified nurse midwives. When complications developed, an ambulance was called and the mom was taken to Johns Hopkins Hospital in Baltimore. The lawsuit alleged that although a C Section was ordered upon arrival, it was not performed until nearly two hours later. The Plaintiffs alleged that this delay breached the standard of care, and apparently the 6 member Baltimore City Jury agreed. Although this was not our law firm’s case, we are happy that this child’s future needs will likely be taken care of by the medical team responsible for his injuries.
Although the jury verdict was for $55 Million Dollars in this birth injury case, it is important that the public understand that it will be reduced because Maryland has a cap on non-economic damages in the amount of $680,000.00 for this case.
The Maryland jury verdict included $25 million for future medical expenses, $4 million for lost wages and $26 Million Dollars in non-economic damages (pain, suffering and disfigurement damages). Therefore, I believe that judgment will be entered in the amount of about $29,680,000.00 (not for $55 Million). Then, the judge might even reduce the jury verdict based on a defense motion for remittitur. Also, the Defendants may file an appeal to the Maryland Court of Special Appeals. Bottom line is that the personal injury attorneys who handled this case did a great job, and the child who has devastating injuries will likely receive a large sum of money in a “Special Needs Trust” that will cover many of the child’s future need costs.