• From the Desk of a Birth Injury Lawyer in Cleveland: Expert Testimony Made All the Difference in $20.6 Million Award

    Posted on April 9th, 2015 admin No comments

    As any birth injury lawyer in Cleveland will tell you, it’s always good news when an appeals court upholds the rights of a struggling family over those of a hospital. The hospital may have its own insurance woes to protect, but the family suffering a birth injury has serious financial concerns when it comes to the lifelong care of their loved one.

    Last September, a Maryland appeals court upheld a $20.6 million award to a family whose sun became afflicted with cerebral palsy due to birth complications at MedStar Harbor Hospital in Baltimore. The hospital argued there was no proven connection between the cerebral palsy and the lack of oxygen the child suffered when an umbilical cord became wrapped around the child’s neck after medical staff neglected to perform a necessary C-section. Luckily the child is not mentally impaired, but has difficulty moving his arms and legs and will spend the rest of his life in a wheel chair.

    Ultimately, it came down to the testimony of the witnesses both parties called before the court. The jury sided with the family’s experts, who testified that the hospital neglecting the C-section resulted in the birth trauma.

    “Jaylan’s experts, each with decades of relevant professional experience, explained the sequence of events that deprived Jaylan of the reserves that normally protect fetuses during labor and left him vulnerable to the deprivation of oxygen that occurred shortly before his birth,” Judge Christopher B. Kehoe ruled. “Certainly, [the hospital’s] experts reached conflicting conclusions. The point, however was that there was sufficient evidence from [the Norfleets’] experts to make … the question of causation in fact an issue for the jury to decide.”

    Often it is the expert witnesses called by a birth injury lawyer in Cleveland that can make all the difference. The Linton Law Firm has a wide resource of experts at its disposal to help your case. Call us today for a free consultation.