$14.5 Million Verdict in Ohio Birth Malpractice Case

December 22nd, 2016

By Dean I. Weitzman, Esq.


An 11-year-old boy and his mother have been awarded $14.5 million in damages by an Ohio jury in a medical malpractice lawsuit that dates back to the boy’s birth back in 2003.

The boy, Alijah Jones, now 11, suffered a brain hemorrhage when his delivery was allegedly delayed by medical staff at MetroHealth Medical Center in Cleveland on April 10, 2003, according to a story by The (Cleveland) Plain Dealer newspaper. His mother, Stephanie Stewart of Garfield Heights, had previously gone into labor early several times during the pregnancy but it was stopped each time using medication and bed rest, the story reported.

The child has cerebral palsy, cognitive delays, visual impairments and other lifelong medical issues since his birth, which ended in an emergency Caesarian section, according to the story. The malpractice lawsuit was first filed in 2004, and was refiled in June 2011.

“Her first pregnancy 11 years earlier had ended with an emergency caesarian delivery at 32 weeks, about five weeks before she would have been considered full term,” the newspaper reported. On the day of Alijah’s birth, her water broke and she was admitted to the hospital at 12:30 p.m. Soon after, “she and her doctor had discussed that she should get another caesarian section” and she asked for the C-section to begin but the “nurse and residents on call did not agree,” her attorney told the newspaper.

She again allegedly asked for the C-section when her attending obstetrician arrived at 5:30 p.m., the paper reported, but he allegedly told her that the medical monitors showed the baby was healthy. “The baby later showed signs of distress and Stewart had an emergency caesarian section at 9 p.m.”

After hearing the case, the jury ruled that there was medical negligence in the case after Stewart was not informed that there was a significant risk of a brain hemorrhage if her baby went into fetal distress, the paper reported.

The family was awarded $8 million for Alijah’s future care, $5 million for his pain and suffering, $1 million for Stewart’s cost of services and $500,000 for past economic losses, according to The Plain Dealer.

These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.

That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-(866) 352-4572 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

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