$40M Jury Verdict to Delaware County Family in Birth Injury Case

A $40.3 million medical malpractice verdict has been awarded to the family of a 6-year-old Delaware County girl who suffered a spinal injury at birth in 2011 at Delaware County Memorial Hospital.

The child, Grayson Charlton, and her twin sister were delivered at the hospital on March 2, 2011, according to a Jan. 25 story in The Legal Intelligencer, but unlike her sister, who was born first, Grayson was born breech, or feet-first. The babies were delivered vaginally by the attending physician, Dr. Steven Troy, and Grayson was allegedly pulled from the birth canal during the procedure, causing a serious spinal injury, according to a plaintiff’s memo.

The child’s parents, Kira and Alex Charlton, filed a lawsuit against the doctor and hospital in Delaware County Court in February 2013, alleging that the doctor used excessive force during the child’s delivery. Alex Charlton is a Republican state representative for the 165th District in Delaware County.

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Photo credit: iStockphoto.com/stuartbur

Attorneys for the plaintiffs told the jurors that Troy “did not properly protect the baby’s head and neck” during the birth, according to a Jan. 25 report by Philly.com.

“As a result of the delivery, the baby became paralyzed from the ‘mid-chest’ down and is unable to stand on her own,” according to one of the attorneys. She receives physical therapy several days a week and will be in a wheelchair for the rest of her life.

The jury reached its verdict on Jan. 23 after more than two weeks of testimony before Senior Judge Charles Burr in the Delaware Court of Common Pleas. The family was awarded damages of $40.26 million, including $10 million for past and future pain and suffering and $30.26 million for future economic damages.

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 malpractice and 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.

When Winning Matters Most, Call MyPhillyLawyer.