A young couple from Monroe, Michigan has been
awarded a $15.8 million verdict as the result of their baby
son, Jason, being inflicted with Cerebral Palsy as the result
of an error during the final stages of labor.
The jury verdict was reached Wednesday, Oct.
11, 2006, in the courtroom of Wayne Circuit Judge Michael F.
Sapala.
The jury awarded the $15.8 million to Jason
and Julie Lowe for pain and suffering; for past, present and
future medical expenses; for loss of earning capacity for the
child from age 18 to his life expectancy of age 40; and for
attendant care.
Attorney Lynn M. Foley, senior partner
Cochran, Foley & Associates, Livonia, Michigan represented the
parents. Foley, is a medical malpractice attorney and a
Registered Nurse.
Julie Lowe, age 25 at the time she gave birth
to Baby Jason, was in labor with her first child when signs of
umbilical cord compressions (known as variable decelerations)
showed up on the fetal monitoring strip.
Julie also was not progressing in her labor.
Both these signs, stresses Foley, were warnings to the
attending physician and resident that a C-Section should be
done instead of letting labor continue.
The second act of negligence occurred when
the resident allowed Julie to be disconnected from the fetal
monitor to go to the bathroom.
“The monitor was removed for about 10 minutes
and during that time additional cord compression occurred which
this time went undetected due to the fact that the fetal
monitor was disconnected,” explains Foley. “The baby compressed
against the umbilical cord which cut off the oxygen to the
baby, which damaged the brain tissue and caused Cerebral Palsy
to develop.”
If the early warning signs had not gone
unheeded, and if the mother had not been disconnected from the
fetal monitoring device, Baby Jason would have been fine today,
said Foley. Instead the warning signs were ignored, and
disconnecting the monitor created a terrible risk that led to
an unnecessary tragedy for the young Monroe couple.
“It is very important in the later stages of
pregnancy when the mother is in labor to have continuous fetal
monitoring because fetal distress can occur at this time. Fetal
monitoring is the only way a physician or nurse can know what’s
going on with your baby,” says Foley. “When you remove this
device you have no idea whether the baby is suffering any kind
of distress.”
Jason, now age 5, will now be able to live a
comfortable life and be cared for in the years ahead because of
the verdict.
Cerebral palsy describes a group of chronic
disorders impairing control of movement that appear in the
first few years of life and generally do not worsen over time.
The word "cerebral" refers to the brain's two halves and
"palsy" describes any disorder that impairs body movement.
Cerebral palsy disorders are caused by faulty development or
damage to motor areas in the brain that disrupts the brain's
ability to control movement and posture.
The Law Offices of Cochran, Foley &
Associates, P.C. are dedicated to representing individuals and
families who have suffered catastrophic losses as a result of
injuries, disabilities and death. The firm does not represent
insurance companies or corporations but instead bases its
practice upon representing individuals and families. There is
no obligation for case evaluation and no fee is charged unless
a recovery is made. For a free consultation or call
800-322-5543 and ask for Terry Cochran or Lynn Foley. Visit:
www.cochranfoley.com
To arrange an interview with Lynn Foley
contact Scott Lorenz of Westwind Communications
Public Relations at
scottlorenz@westwindcos.com or by phone at 734-667-2090 or
cell at: 248-705-2214 or via
www.westwindcos.com
