According to reports, the child’s mother will receive just over $3 million, the father a little more than $1 million, and the child will receive close to $30 million for pain and suffering.
The mother was a patient at a hospital in Miami Gardens. That hospital provides care to people without insurance and to those that are undocumented. During the labor, the child was determined to have a slowed heart rate and the doctor refused to perform a C-section. The doctor, according to court documents, left the mother in the delivery room to perform another delivery.
When the child was finally born, he was not breathing. As a result of a lack of oxygen to the brain, the boy suffered permanent injury. An expert testified that the child’s life expectancy is only another 9 or 12 years. The child is 3 years old today. Because there is no statutory cap in Florida, the government will be forced to pay the award in full.
Whether or not the child will live to his expected age is unknown.
No birth in New York or elsewhere should be filled with devastation and heartache. If you believe that your child suffered an injury during birth due to a doctor’s error or negligence, you may have the right to compensation under current New York law. Reach out to our experienced birth injury attorneys today for a free case evaluation and let us advise you of your rights. Your first consultation will be held at no cost to you or your family.