Jury Favors Parents in Cerebral Palsy Case

A Cumberland County jury ruled in favor of two parents who filed a cerebral palsy lawsuit against a nurse midwife and her employer. The parents were awarded $2.27 million in damages. Gerard and Linda Boullianne filed their complaint in 2002 after their son, Christian, died. According to their claim, Christian suffered severe brain damage and cerebral palsy as a result of medical negligence. Paula Kozick, the nurse midwife attending the delivery, was accused of failing to recognize and respond to signs of fetal distress. “The defendant is a nurse midwife. There’s a very clear hospital policy that says if the [fetal monitor] strips are non-reassuring, she needs to call a doctor. She failed to do that,” said Daniel Weinstock, the Boulliannes’ attorney. The jury agreed that Kozick was negligent and that this negligence contributed to Christian’s condition, which the Boulliannes claimed required around-the-clock care. When Christian died at the age of two, his parents decided to seek legal justice. Gerard Boullianne said he hoped the case would encourage healthcare practitioners to exercise greater caution when a child’s life is at stake. “If there’s any question about the health of the child, they should contact the doctor immediately and let him make the decision. They should be more willing to call the doctor, instead of being afraid of getting in trouble,” he said. (Source: The Sentinel Online) Does your child have cerebral palsy? If you suspect your child’s condition was caused by medical negligence/malpractice, you can take action to hold responsible parties accountable. Contact an attorney today to learn more.