A teen has won a lawsuit, filed by the family, over a brain injury at birth that caused her to develop cerebral palsy. The full amount the family sought–$77 million—will not be paid, however. The hospital went bankrupt in 2010, meaning that the family may only recover a reduced amount. Nonetheless, this represents a big victory for the family, who will have money to pay for the costs associated with CP treatments.
The Case
The 17 year-old twins involved in the lawsuit were both born prematurely. One twin did not end up suffering a CP brain injury, but the other did. The lawsuit was heard in the Staten Island Supreme Count. According to the report, the court found that the hospital staff was negligent in not recognizing that the girl’s mother was having early labor contractions, and therefore did not take actions to prevent the premature delivery.
This particular case demonstrates one of the most common reasons that people end up contacting a cerebral palsy attorney. The staff was negligent and an action that could have prevented the victim from being afflicted with cerebral palsy was not taken, making it necessary for the family to deal with the emotional and financial fallout that comes with this condition.
Lawsuits and Awards
There are sometimes circumstances where the family will receive less than they would have been awarded otherwise due to mitigating circumstances. The hospital in this case, obviously, has gone bankrupt, so there’s no way that the family can realistically recover all to which they would justly be entitled. Because of that, they’ll get a reduced award, though they will likely get enough to make a major difference in what they face financially in terms of dealing with CP.
There is also no guarantee that any lawsuit will ever win. The lawsuit can win or lose based on its merits, based on whether or not the jury is sympathetic to the plaintiff or based on whether or not the lawyer arguing for the plaintiff is good enough to make a persuasive argument in court. This is one of the reason that you need to make sure that you hire competent representation if you end up filing a lawsuit. It can mean the difference between getting an award or a settlement or losing the case altogether and ending up no better off than you started. Make sure that the attorney you hire is a good one.