A six-person jury in Baltimore, Maryland recently awarded Christopher and Wycinna Spence $8 million, finding the obstetrician-gynecologist who delivered their son Caleb in 2003 liable for the
brain damage he suffered that resulted in
cerebral palsy.
Medical Malpractice During the Delivery
The doctor, Emerson R. Julian, MD, was found responsible for medical malpractice based on several aspects of Caleb's delivery at Baltimore's Mercy Medical Center. According to testimony at the nine-day trial, Dr. Julian improperly used a vacuum extractor during Caleb's birth, applied pressure to the wrong part of Wycinna's abdomen during the delivery, and inappropriately delegated crucial tasks to other medical personnel.
Lapse in Oxygen Supply
During the delivery, Caleb's head became lodged behind his mother's pubic bone, cutting off the oxygen supply to his brain for several minutes. He was not breathing and had no heart rate as he was born. He spent about a month in the Medical Center after his birth, and was then taken care of by his grandparents while his parents both worked. He died in March 2004.
Parent's Testimony Most Credible
Dr. Julian's attorney disputed the testimony given by plaintiff's witnesses and medical experts, but the jury found the testimony of Christopher Spence the most credible. The medical records of the birth were also a prominent feature in the trial; the plaintiffs claimed that Dr. Julian fraudulently altered the medical records, whereas Dr. Julian testified that he had the record corrected to accurately reflect what happened during the delivery.
In accord with Maryland law, which places a cap on non-economic damages, both parties' attorneys agreed that the jury's award would be reduced to about $2.2 million.
Does your child have cerebral palsy that you suspect is the result of medical malpractice? Contact a qualified
cerebral palsy attorney today to find out more about your rights.
