A bill unanimously passed by the House Judiciary Committee would allow families and children who win jury trials in medical malpractice cases to choose between collecting large lump sums or drawn-out payments.
“All we're asking for is the opportunity to make the choice,” said Perry Ford, whose daughter has Erb's palsy.
A Family in Favor
Janin Vitetta wishes she could buy a one-story house so that she wouldn't have to carry her daughter with cerebral palsy up and down the stairs. It's going to get tougher when her daughter Krista is older.
Vitetta would also like to get a new van to make things easier for both of them.
Vitetta's daughter Krista developed
cerebral palsy as a newborn when a doctor failed to treat her fever.
Vitetta and Krysta won a multimillion-dollar jury verdict in a lawsuit against the hospital at which she was born and the doctor who failed to treat her. Unfortunately, however, the family could not receive the payment in a lump sum as it would have been able to if she had settled the case out-of-court.
The judge allowed the hospital's insurance company to structure payment so the Vitettas will get a few thousand dollars each month over the next 25 years. If Krysta doesn't last that long, the payments stop.
The way the payments are set up makes it hard for her to invest in a house and get out from under the medical bills that have nearly bankrupted her.
The law is unfair because only allows people who settle their cases out of court to collect lump sums, said Denver lawyer, Natalie Brown.
Malpractice victims may face the decision to settle for substantially less than they would otherwise be entitled to recover simply because they would be able to recover a lump sum which they may need for medical treatment or other expenses.
Does your child have cerebral palsy? If you feel your child's cerebral palsy may be a product of medical malpractice, please contact us today for a complimentary consultation with a caring and experienced
cerebral palsy attorney. We can answer all your questions, examine your case thoroughly, help determine the cause of your child's illness, and help you plan the best course of action.
