Family Awarded $31.6 Million in Birth Injury Medical Malpractice Case
A family from Michigan pursued compensation after their infant daughter endured brain damage during childbirth. The outcome? A substantial $31.6 million awarded in a medical malpractice lawsuit.
Case Background
This case centers on the birth of a child at MyMichigan Medical Center-Midland, affiliated with the University of Michigan Health System. The family contended that the labor and delivery team failed to meet the standard of care, resulting in severe and lasting disabilities for their child.
During the trial, the family’s legal representative presented evidence from fetal monitor readings taken during labor, which indicated distress in the infant. They attributed this distress to medication administered to the mother, causing excessive contractions that hindered the infant’s oxygen supply. Additionally, the plaintiffs argued that the fetal distress signals on the monitors necessitated an immediate cesarean section to safeguard the infant’s well-being.
However, despite these indicators, the medical staff at MyMichigan Medical Center-Midland failed to halt the medication or perform the necessary cesarean section promptly, leading to severe harm to the child.
The four-year-old child now suffers from spastic quadriplegia, cerebral palsy, and a seizure disorder. During the trial, the family’s attorney drew a direct link between these conditions and the oxygen deprivation the child endured during birth.
MyMichigan Health expressed sympathy in a statement but disagreed with the verdict.
Medical Malpractice Awards in Michigan
While this $31.6 million award is substantial, it falls short of Michigan’s current medical malpractice verdict record, which stands at $135 million.
Michigan imposes limits on non-economic damages in medical malpractice and personal injury cases. The state has two distinct limits: one for cases involving severe injuries, like the plaintiff’s, and one for cases that do not. Severe injury cases can seek the “upper cap” for non-economic damages, while other cases are subject to the lower cap.
The Michigan Department of Treasury adjusts these limits annually to account for inflation. In 2023, the upper cap for non-economic damages in medical malpractice claims increased to $960,500, and the lower cap rose to $537,900.
In the MyMichigan Medical Center-Midland case, the bulk of the damages awarded primarily focused on the economic costs associated with the plaintiff’s severe, lifelong injuries. Given the child’s expected lifelong need for specialized care due to permanent brain injuries, the verdict reflects both the necessity for this care and its anticipated expenses.
Crucial Considerations and Insights for Legal Professionals
The attorneys representing the plaintiffs emphasized that justice remains attainable, even for families with limited resources residing in rural areas. Achieving results like those in this case, however, requires strong legal representation.
Expert witnesses play a vital role in medical malpractice cases. When seeking expert witnesses, it is imperative to find individuals with not only scientific or technical expertise but also the ability to convey complex information in simple terms for jurors. The capacity to educate and narrate a compelling story on the witness stand can be immensely valuable in conveying intricate medical or other subjects to a non-specialist audience.
One policy consideration worth examining is the impact of caps on non-economic damages in medical malpractice claims. Michigan’s $135 million record verdict in malpractice cases may seem substantial, but it pales in comparison to record verdicts in other states, which can reach into the billions.
Nonetheless, caps on damages may inadvertently exacerbate certain issues. Some research suggests that states with caps on medical malpractice awards experience higher rates of injury and more severe injuries compared to states without such caps. Limiting liability may encourage healthcare providers to take greater risks, resulting in more severe consequences.
In states like Michigan, establishing the economic losses suffered by medical malpractice plaintiffs is essential. Focusing on future medical expenses and losses can provide a clearer picture of the overall economic impact. In such cases, the assistance of vocational and economics experts may prove invaluable.
