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Jury Awards $1 Million in Birth Defect Lawsuit

Meyerkord & Kurth, LLC: A Legacy of Legal Innovation

This past Monday, a Madison County jury awarded $1 million to the family of a young girl who was injured during birth three years ago at Anderson Hospital. The suit was filed against a Maryville obstetrician/gynecologist. The suit claimed that during birth, the OBGYN applied excessive downward traction or excessive tilting of the newborn's head. According to the plaintiffs, as a result of the doctor's actions, the toddler suffers permanent nerve root damage and brachial plexus injury, a condition that restricts movement in the child's left arm. The mother of the child also alleged that the doctor should have performed a C-section because of the baby's size. The child was born weighing 9 pounds, 2 ounces. A jury composed of seven woman and five men heard testimony for six days before deliberating for five hours and ultimately ruling against the Maryville OBGYN. Counsel for the plaintiffs stated that he had nudged the jurors towards a $2 million award, but speculated that the jury may have been "clouded" by the fact that the child is diagnosed with autism, a condition unrelated to the birth injury. The mother, however, feels vindicated; the award will help pay for the child's past and future care.

Contact with health care professionals is a necessary part of our society and almost always beneficiary. However, providers are human and mistakes can be made. Even the most careful health care professionals can make a mistake that injures a patient. However, not all medical mistakes rise to the level of malpractice. The skilled medical malpractice attorneys at Meyerkord & Kurth, LLC will help you if you believe you are the victim of medical malpractice. Our medical malpractice attorneys continue to set the standard for representation of difficult cases. If you have a medical malpractice issue, contact us at (314) 436-9958 or (800) 391-4318 to schedule a no-obligation meeting with a medical malpractice attorney.

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