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.