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Judgment of $130M in cerebral palsy birth injury case

Regardless of how one looks at it, birth injuries are a terrible thing. The thought of a newborn baby suffering a life altering injury before even having a chance to live a normal life is heartbreaking and sadly occurs all too often in Western Pennsylvania and throughout the nation. In addition to physical difficulties a baby may be left with, those injuries can take a financial toll as well. It is not uncommon for such children to need regular medical care, sometimes daily, throughout their lives.

Fortunately, parents and guardians of children who are hurt as they make their way into this world may be able to recover monetary damages from those who are responsible for the injuries occurring. The parents of a now 10-year-old girl with cerebral palsy sought damages for that birth injury that was allegedly due to individuals at the hospital failing to notice that the unborn baby was not getting the oxygen she needed during her delivery. Their lawsuit recently ended in a $130 million judgment in their favor, though not before years of contending with the lawsuit.

The judgment was a longtime coming and at several points may have seemed like a dream to the girl's parents. After turning down an initial settlement offer of $8 million, they went on to lose at trial. The verdict in that case was reversed on appeal and it was retried, only to result in a jury that could not reach a unanimous decision. The recently announced judgment was the outcome of the third trial.

No doubt the girl's parents are feeling a great sense of relief in the matter. The girl requires care every hour of every day which is very expensive. As a result of the judgment there should be plenty of money to provide that care to the girl, even after they are gone.

Source: New York Post, "This lawyer turned down $8M… and got them $130M," Julia Marsh and Bob Fredericks, April 18, 2013

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