Parents of Girl with Cerebral Palsy and Brain Damage awarded $15 million in Birth Injury suit

Mario Cattabiani

by Mario Cattabiani — August 28, 2013

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A jury has awarded an Indiana couple $15 million in a lawsuit that alleged medical malpractice caused their daughter to be born with severe brain damage and cerebral palsy.

But the parents of Juliann Bobbitt likely will see only a fraction of that because of a restrictive Indiana law that caps medical malpractice verdicts.

The jury, following a 10-day trial, ruled in favor of parents Jamie and Crystal Bobbitt and against St. Mary's Medical Center and a doctor there. Among other things, the lawsuit alleged that physicians failed to recognize fetal distress and didn't deliver the baby swiftly enough.

Juliann, who is now 9, is wheelchair bound with cerebral palsy in all four limbs, cannot speak and needs constant nursing care. According to evidence at the trial, it was estimated that the Bobbitts will spend between $5 million and $10 million to care for their daughter during her life.

Indiana was one of the first states to cap medical malpractice awards, and now limits such awards to $1.25 million.

The Philadelphia personal injury attorneys at Ross Feller Casey, LLP have won record-setting victories in cases involving all types of birth injuries.

More information about the our Philadelphia Birth Injury Lawyers.
 

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.