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Child Awarded Millions in Brain Injury Lawsuit

A federal judge in Sacramento has awarded a 3-year-old girl who suffered a brain injury during her delivery $9.6 million. The judge also awarded the girl’s mother, Micaela Palacio $250,000 in compensation for her emotional distress during her daughter’s delivery.

According to court documents, U.S. District Court Judge John Mendez entered his ruling on October 28th. The lawsuit alleged that the defendant, Dr. Paul Davainis had waited too long to perform a C-section, despite evidence that the baby’s heart rate was worsening and that the mother of the baby would not be able to deliver vaginally.

Because of the delay in delivery of the baby girl that was born at Banner-Lassen Hospital in Susanville, the child will never be able to walk, talk, or care for herself. She cannot see and must be fed through a feeding tube into her stomach and also suffers occasional seizures.

During the delivery of a baby, any number of things can potentially go wrong. At times, proving that there was malpractice involved if a birth does not go well can be difficult. It takes the experience and expertise of a dedicated malpractice lawyer to be able to show medical malpractice or medical negligence in court.

At Bottar Leone, we handle all types of malpractice cases and have the technical expertise in this very complex field of law.

If you or a loved one has been injured due to medical malpractice or medical negligence, contact the law offices of Bottar Leone, PLLC. You are guaranteed certain rights under the law and you may be able to receive compensation for medical costs, loss of income, pain and suffering, or loss of enjoyment of life. We are here to help you when you need us. Contact us today for a free consultation.