Jury Faults Hospital Over Delivery Delay, Awards $7,000,000

Publication:The National Law Journal
Author:Dareh Gregorian
Attorney(s):Judith A. Livingston
Practice Area(s):Medical Malpractice
Summary:On June 30, 1999, a Bronx jury awarded Ana Millan's son, Joel, $7.44 million because of a hospital's negligence. Judith Livingston represented the family.

Joel was Ms. Millan's third child. Her previous two children had been born by Cesarean section because she had pre-eclampsia, a condition that brings on excessively high blood pressure. When Ms. Millan arrived at the hospital to give birth, "nobody examined her for several hours," Ms. Livingston said, and staff "were considering a vaginal delivery." Eventually Joel was delivered by Cesarean-but the delay in the delivery, Ms. Livinston said, according to the National Law Journal article, caused permanent brain damage and left the child with mild cerebral palsy. Joel has a pronounced limp and he cannot fully use one of his hands.