On Wednesday, a South Carolina jury awarded a family $4.4 million dollars in a birth injury case. The family had originally sought $20 million dollars in damages, but the jury decided the award should be significantly lower. Click on South Carolina jury awards $4.4 million in brain injury case at birth
The case involved a baby, who was born in March of 2016 with a brain injury caused by a lack of oxygen around the time of birth. The family claimed the medical staff at the hospital, which was not named during the trial, had not monitored the baby’s heartbeat for an adequate period of time prior to delivery. As a result, the baby suffered from a hypoxic brain injury, which will likely cause significant long-term complications.
The jury found the hospital negligent in their care of the baby, and awarded the family $4.4 million dollars in both economic and non-economic damages. The economic damages covered the cost of medical care and other expenses related to the injury, while the non-economic damages covered pain and suffering, mental anguish, and other non-economic losses. The jury also found the hospital liable for punitive damages, which are designed to punish the hospital for their negligence.
The $4.4 million dollar award was significantly lower than the $20 million sought by the family. The jury found that the hospital did not act with malice, but rather with negligence, and thus did not award the full amount sought. The family has indicated that they intend to appeal the verdict, in hopes of obtaining a larger award.
This case highlights the importance of proper medical care during the birthing process, and the potential consequences of negligence. While the jury did find the hospital negligent, the award of damages was significantly lower than the family had sought. This case serves as a reminder that medical malpractice cases can be difficult to prove, and may not always result in the outcome that the victim or their family had hoped for.