Landmark Victory of $31 Million for Medical Malpractice Victims April 15, 2012.

It took 14 years for justice to prevail in this case. However, the victim will receive a just payout.

This case revealed some highly distressing information about the medical health system in the county where the 14-year-old boy was born. He is confined to a wheelchair and cannot speak, but he can think clearly and understand what is being said to him. Nonetheless, he requires around the clock care that is currently provided by his mom.

During the process of bearing her child in 1997, the young mother was given drugs to stimulate her labor. However, she was given far too much of the drug, which virtually starved the baby of oxygen. The hospital did not initiate prompt corrective action either, and as a result of the difficult birth and oxygen starvation, the baby boy was diagnosed with severe cerebral palsy.

Fast forward to 2012 and the Florida House panel approving the boy’s $31 million claim. In a 12 – 1 vote, the Civil Justice Committee passed the claims bill. HB 965 will be the largest claim paid out in the history of the state, and will mandate the publically run health system and hospital where they lived to pay the award to the family.

The defendants in this case are not happy, as they state they did not cause the boy’s condition. But the information that angered many is that the hospital system involved in this case does not have insurance. Does not have insurance, what a shocking revelation. What hospital in their right mind operates without liability insurance?

In fact, a spokesperson for the system without insurance suggested the state should pay between $2 and $6 million, and the system would contribute the same amount towards children’s health care. Asking the state to pay for their screw up was, without a doubt, an audaciously dumb move.

Hopefully this kind of disturbing revelation isn’t just the tip of the iceberg. The very thought of other hospitals in other states not having liability insurance is a deeply frightening thing to contemplate. What that says about hospital administration, medical malpractice liability issues and patient’s rights is even more distressing.

If you have questions about your child’s cerebral palsy, lawyer Chris Mellino welcomes you to contact our Cleveland office for a free consultation.