Rebecca Fielding, in agreement with her husband, Enso Martinez, had hoped to give birth to their child at home. However, due to complications and the necessity of a Caesarean section, Fielding was transported via ambulance to the emergency room at Johns Hopkins Hospital in Baltimore. But instead of receiving prompt medical attention and surgery, Fielding and her husband claimed they waited more than two hours for her C-section, resulting in serious brain damage to their child.
The couple contended in a recent lawsuit that their son suffered cerebral palsy and a severe seizure disorder because the emergency room staff failed to react in a timely manner. Cerebral palsy is one of a number of serious brain injuries that babies can suffer due to medical malpractice and negligence during child birth. A lack of oxygen to the infant’s brain, which is what caused the injury to Fielding’s son, is the most common cause of brain injuries during child birth.
A jury awarded Fielding and Martinez one of the highest settlement amounts in state history, as the couple received $55 million in the verdict. However, after the state’s mandatory damage caps, Fielding and Martinez will receive approximately $30 million. The money will be put into a trust for the child, in order to make sure that he is covered for future medical expenses, as well as lost wages.
The non-economic damages awarded – $26 million – was reduced to less than $700,000. Johns Hopkins Hospital’s attorneys will appeal this decision, as representatives of the medical facility contend that the acting physicians and nurses performed their duties to the best of their abilities.
The young boy, Enzo, will never be able to walk or talk because of his significant brain damage.
Source:
Wenger, Yvonne and Rector, Kevin. “Jury awards Waverly family $55 million in Hopkins malpractice case”. 06/26/2012
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