Brain Injury at Birth Compensation Awarded in Negligence Case

The family of a boy, who sustained severe spastic quadriplegic cerebral palsy due to an 81 minute delay in performing an emergency Caesarean operation, have been awarded 78.5 million dollars in brain injury at birth compensation by a jury in Philadelphia.

Victoria Upsey (34) from Pottstown, Philadelphia, was admitted to Pottstown Memorial Medical Centre with signs of a placental abruption in August 2008 when she was 36 weeks pregnant. As foetal monitoring proved inconclusive, the duty obstetrician performed a bedside ultrasound examination from which he concluded that the child had died. However, Victoria felt that her baby was still alive and, after summoning the ultrasound technician from his home, a heartbeat was recorded and an emergency Caesarean operation performed.

At the Philadelphia Court of Common Pleas, the Honourable Mark Bernstein heard that the ultrasound equipment used by the obstetrician was more than ten years old and lacked the sensitivity of modern ultrasound equipment. Furthermore, the jury were told that the equipment had not been properly maintained nor checked that it was working properly since its introduction to the hospital despite the operating manual indicating that an annual service was required.

After a lengthy deliberation, the jury found in favour of the Upsey family and awarded 78.5 million dollars in brain injury at birth compensation for the pain and suffering experienced by their son, the future costs of medical care and lost earnings, and the emotional distress suffered by Victoria.